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With  Eespecta  of 

W^-  B.  TAYLOE, 

Stat*Z»&neer  and  Surveyor. 


SEYMOUR    DURST 


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When  you  leave,  please  leave  this  hook 

Because  it  has  heen  said 
"Ever  thing  comes  t'  him  who  waits 

Except  a  loaned  hook." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


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Statt  of  feto  %uk 


No.  lO. 


IN  SENATE, 

January  9,  1862, 


REPORT 

OF  THE  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 
NEW  YORK  HARBOR  ENCROACHMENTS. 

To  the  Hon.  Robert  Campbell,  President  of  the  Senate: 

The  Commissioners  of  the  Land  Office  respectfully  sub- 
mit to  the  Legislature  a  report  of  their  proceedings  relative 
to  the  West  Washington  Market,  under  the  general  statute, 
and  to  the  same,  and  other  lands  in  the  city  of  New  York, 
under  the  act,  chapter  516,  of  the  Laws  of  1860. 

By  the  first  section  of  the  act  of  1860,  the  State  Engi- 
neer and  Surveyor  is  directed  to  cause  a  survey  of  all  of 
the  ground  and  soil  of  the  Hudson  and  East  rivers,  filled  in, 
and  in  whole  or  in  part  reclaimed,  and  lying  outside  of,  and 
adjoining  the  grants  made  to  the  corporation  of  the  city  of 
New  York,  under  the  Montgomery  Charter,  bearing  date 
January  17th,  1730,  or  by  any  other  charter  or  grant  to 
said  corporation  from  the  State,  and  to  make  a  return  of 
such  survey  to  the  Commissioners  of  the  Land  Office. 

The  second  section  authorizes  the  Commissioners  of  the 
Land  Office  to  release  and  convey  all  of  the  interest  of  the 
people  of  the  State  in  the  .lands  so  surveyed,  or  any  portion 
thereof,  to  the  mayor,  aldermen,  and  commonalty  of  the 

[Senate,  No.  10.]  1 


11  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

city  of  New  York,  together  with  all  rights  of  action  by  the 
people  of  the  State  against  the  corporation  for  the  use  of 
said  lands,  upon  such  terms  as  the  Commissioners  shall  deem 
equitable,  having  reference  to  the  cost  of  reclaiming  and 
improving  the  same. 

In  case  the  mayor,  aldermen,  and  commonalty  shall 
determine  to  accept  a  release  or  grant  of  all  or  any  portion 
of  said  lands  upon  the  terms  so  fixed  by  the  Commissioners 
of  the  Land  Office,  the  act  authorizes  the  comptroller  of 
said  city  to  raise  the  necessary  funds  with  which  to  pur- 
chase the  same,  and  prescribes  the  method  of  doing  it.  It 
pledges  the  lands  thus  purchased  to  the  sinking  fund  for 
the  redemption  of  the  city  debt,  protects  the  lessees  of  the 
Commissioners  of  the  Land  Office,  by  securing  to  them  the 
right  of  action,  if  necessary,  against  the  corporation  for  the 
use,  by  said  corporation,  of  the  aforesaid  lands.  It  re-affirms 
the  title  of  the  State  to  any  lands  that  may  hereafter  be 
formed  by  alluvial  deposits,  or  by  filling  in  beyond  the  lim- 
its of  the  city,  as  fixed  by  the  Montgomery  Charter,  and 
declares  that  all  such  lands  shall  be  deemed  the  property 
of  the  people  of  this  State,  and  subject  alone  to  their  con- 
trol and  disposal. 

The  act  further  provides  that  article  4,  title  5,  chapter  9, 
part  1st  of  the  Revised  Statutes,  shall  not  apply  to  any  sale, 
conveyance  or  purchase  authorized  by  this  act,  and  repeals 
all  acts,  and  parts  of  acts,  inconsistent  therewith. 

The  statute,  last  above  referred  to,  relates  solely  to  grants 
of  land  under  water,  and  varies  in  its  provisions  from  those 
of  the  present  act  in  the  following  respects :  It  prohibits 
all  grants  by  the  Commissioners  of  the  Land  Office  to  any 
persons  other  than  to  the  proprietors  of  the  adjacent  lands, 
and  restricts  their  powers  to  lands  lying  within  the  perma- 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.  Ill 

nent  exterior  lines  established  by  law.  It  confers  power 
on  the  Commissioners  to  authorize  only  "  the  erection  of 
such  dock  or  docks  as  they  shall  deem  necessary  to  promote 
the  commerce  of  this  State,"  and  as  shall  not  "  affect  unfav- 
orably the  navigation  of  its  waters  ; "  also,  in  some  cases 
confines  their  power  to  the  limit  of  "  500  feet  into  the 
water,  from  (meaning  the  original)  low  water  mark." 

It  also  prescribes  the  duties  of  the  several  applicants  in 
relation  to  advertising  in  the  public  papers,  their  applica- 
tions to  the  Commissioners  of  the  Land  Office,  for  grants 
of  land  under  water. 

From  the  synopsis  of  the  acts  above  given,  it  will  be 
understood  that  the  act  of  April  17,  1860,  confers  additional 
powers,  or  directs  a  different  mode  to  be  pursued  by  the 
Commissioners  in  their  disposal  of  the  lands  therein  speci- 
fied, from  that  prescribed  by  general  statute,  which,  there- 
fore, becomes  inapplicable  in  carrying  out  the  provisions 
of  the  act  of  1860. 

The  attention  of  a  former  Board  of  Commissioners  of  the 
Land  Office  is  understood  to  have  been  first  drawn  to  these 
encroachments,  by  the  report  of  the  harbor  commissioners, 
made  to  the  Legislature  January  27,  1857,  under  the  act 
passed  March  30,  1855,  entitled  "  an  act  for  the  appoint- 
ment of  a  commission  for  the  preservation  of  the  harbor  of 
New  York  from  encroachments,  and  to  prevent  obstructions 
to  the  necessary  navigation  thereof." 

On  page  39,  of  their  report,  the  harbor  commissioners 
state  that  contrary  to  the  several  acts  virtually  forbidding 
the  filling  up  of  the  waters  of  the  port  beyond  "  West  and 
South  streets,  the  corporation  of  New  York  has  authorized 
or  permitted  the  deposit  of  earth  in  the  Hudson  river, 
between  the  termination  of  Dey  and  Vesey  streets,  for 


IV  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

about  435  feet  in  depth,  and  480  feet  in  width,  west  of  West 
street,  and  on  the  East  river  between  13th  and  18th  streets, 
the  riparian  owners  have  filled  in  beyond  the  cession  of  the 
400  feet  to  the  city,  and  beyond  the  exterior  street  estab- 
lished by  the  Legislature."  And  on  page  40  they  say 
"  that  a  large  portion  of  the  area  filled  in  belongs  to  the 
people  of  the  State.  It  is  of  great  value,  and  the  commis- 
sioners suggest  that  the  Legislature  shall,  by  the  prompt 
and  uncompromising  assertion  of  the  rights  of  the  State 
recover  as  well  the  property  which  rightfully  belongs  to  it, 
as  prevent  the  further  invasion  of  the  harbor  by  illegal 
erections  in  its  waters." 

The  harbor  commissioners  in  their  report  make  no  allu- 
sion to  any  other  encroachments  than  the  West  Washington 
Market,  and  those  adjoining  Tompkins  street ;  at  the  latter 
point,  considerable  filling  has  been  done  since  the  date  of 
their  report,  and  opposite  that  portion  of  Tompkins  street, 
between  22d  and  23d  streets,  quite  recently. 

It  does  not  appear  from  the  records  of  the  proceedings 
of  the  Commissioners  of  the  Land  Office  that  any  action 
was  taken  by  them  in  relation  to  any  of  these  parcels  until 
April  24th,  1858,  when  a  lease  for  the  term  of  one  year, 
conditioned  for  the  payment  of  $1250,  quarterly  in  advance, 
making  an  annual  rent  of  $5000,  was  granted,  on  applica- 
tion, to  James  B.  Taylor  and  Owen  W.  Brennan,  of  the 
parcel  known  as  the  West  Washington  Market,  and  dis- 
tinguished in  the  engineer's  report  as  parcel  A,  lying  out- 
side of  and  opposite  that  portion  of  West  street,  between 
the  parallels  of  the  northerly  line  of  Vesey,  and  the  south- 
erly line  of  Dey  streets  extended,  being  land  and  soil  filled 
in  and  re-claimed  beyond  the  four  hundred  feet  line  of  the 
Montgomery  charter,  and  all  other  subsequent  grants  by 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.  V 

the  State  to  the  city.  It  has  nearly  a  square  form,  with 
extreme  dimensions,  of  484  by  452J  feet,  and  contains  an 
area  of  208,036  square  feet,  or  4TW  acres,  equivalent  to 
83.22  lots  25  by  100  feet,  including  projected  streets,  or 
2TVo  acres,  equal  to  50TVo-  lots,  exclusive  of  the  streets  as 
projected  by  the  engineer  on  the  diagram  of  parcel  A, 
accompanying  his  report. 

The  lease  referred  to  granted  to  the  lessees  quiet  and 
peaceable  possession  of  the  aforesaid  grounds,  and  autho- 
rized the  grantees,  in  case  of  default  in  any  of  its  covenants, 
by  said  lessees,  "to  re-enter  the  said  premises,  and  the 
same  to  have  again,  re-possess  and  enjoy." 

The  filling  in  of  this  parcel  of  ground  appears  to  have 
been  commenced  as  early  as  1829,  and  in  1849  had  become 
extended  from  the  west  line"  of  West  street  into  the  Hudson 
river,  about  200  feet.  The  present  outer  bulkhead  was 
commenced,  as  is  understood,  in  1851,  and,  together  with 
the  filling,  was  completed  in  1853,  from  which  time  down 
to  the  date  of  the  lease,  the  whole  premises  was  in  posses- 
sion of,  and  quietly  occupied  as  a  public  market,  with  small 
temporary  sheds,  stands,  &c,  by  tenants  holding  under  the 
municipal  authorities  of  the  city. 

As  the  mayor,  aldermen,  and  commonalty  of  the  city  of 
New  York,  and  the  tenants  holding  under  them  (about  one 
hundred  and  eighty-four  in  number,)  refused  to  recognize 
the  people  of  the  State  as  owner  in  fee,  and  to  surrender  a 
possession  they,  to  the  full  extent  of  the  present  grounds, 
had  enjoyed  during  a  period  of  about  five  years,  or  since 
1853,  the  lessees,  Messrs.  Taylor  and  Brennan,  on  the  14th 
of  May,  1858,  commenced  a  suit  at  law  against  the  afore- 
said parties  for  the  recovery  of  the  possession  of  said  prem- 


VI  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

lses,  and  of  the  rents  or  mesne  profits  accruing  therefrom 
subsequent  to  the  date  of  the  lease. 

The  lease,  as  before  remarked,  guarantying  peaceable 
and  quiet  possession,  the  Commissioners  of  the  Land  Office 
became  responsible  for  the  damages  the  lessees  might  sus- 
tain by  reason  of  possession  being  withheld  from  them  by 
the  corporation  and  the  tenants  holding  under  them ;  and 
it  being  represented  to  the  Commissioners  by  said  lessees 
that  heavy  expenses  had  already  been  incurred  by  them  in 
prosecuting  the  suit,  and  that  large  additional  sums  would 
be  required  to  continue  the  same  to  judgment,  the  Com- 
missioners, in  view  of  the  growing  liabilities,  and  the  then 
uncertainty  of  ultimate  success  in  establishing  title  in  the 
State,  took  action,  and  under  date  of  July  30th,  1858,  the 
following  proceedings  appear  upon  the  records :  "  In  con- 
sideration of  a  bond  of  indemnity  executed  to  the  people 
of  the  State  of  New  York,  to  save  them  harmless  of  all 
costs  in  the  matter  of  the  West  Washington  Market  con- 
troversy, 

"Resolved,  That  all  interest,  claims  and  demands  of  every 
nature  and  kind,  which  the  people  of  the  State  of  New  York 
have  against  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  or  any  person  or  persons  for  the  use 
or  occupancy  of  the  premises  described  in  a  certain  lease 
executed  by  the  Commissioners  of  the  Land  Office  of  the 
State  of  New  York  to  James  B.  Taylor  and  Owen  W.  Bren- 
nan,  bearing  date  the  24th  of  April,  1858,  be,  and  the  same 
are  hereby  assigned  and  released  to  said  Taylor  and  Bren- 
nan." 

The  bond  referred  to  was  executed  by  James  B.  Taylor 
as  an  indemnity  to  the  people  of  the  State  of  New  York 
against  all  costs  and  expenses  which  the  said  people  might 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.         Vll 

incur,  or  be  put  to,  in  the  suit  then  brought  to  test  the  title 
of  the  West  Washington  Market,  and  then  pending  in  the 
supreme  court,  wherein  the  aforesaid  people,  James  B.  Tay- 
lor and  Owen  W.  Brennan  were  plaintiffs,  and  the  mayor, 
aldermen  and  commonalty,  and  others,  the  lessees  of  the 
city  then  in  occupation  of  the  premises,  were  defendants. 
Said  bond  was  also  intended  to  indemnify  the  people  of  the 
State  against  all  costs,  damages,  &c,  that  might  arise  from 
any  suits  to  be  brought  for  the  same  purpose,  and  also 
required  that  a  suit  be  prosecuted,  if  necessary,  in  the  court 
of  last  resort. 

On  the  24th  day  of  August,  1858,  the  resolution  of  July 
30th  was  so  modified  as  made  the  assignment  of  the  claims 
of  the  State  against  the  city  and  others  for  the  occupancy 
and  use  of  the  aforesaid  grounds,  applicable  subsequent  only, 
and  not  anterior  to  the  date  of  the  lease. 

It,  however,  having  been  further  represented  to  the  board 
by  the  lessee,  that  he  had  been  bitterly  opposed  at  every 
stage  of  the  proceedings,  and  subjected  to  great  expense  in 
the  employment  of  counsel  the  most  able,  and  of  surveyors 
the  most  skillful  and  eminent  in  their  professions,  and  in 
procuring  the  attendance  of  witnesses,  &c. ;  also,  that  he 
expected  to  be  subject  to  still  further  and  heavier  expenses ; 
and  also  in  consideration  of  his  prosecuting  at  his  own  risk 
and  expense  a  litigation  then  deemed  uncertain  or  of  doubt- 
ful results,  and,  if  successful,  would  greatly  tend  to  the 
benefit  of  the  people  of  the  State,  by  establishing  in  them 
the  title  to  other  grounds  of  great  value,  similarly  situated 
in  the  city  of  New  York ;  the  board,  at  a  meeting  held  on 
the  28th  of  December,  1859,  rescinded  the  resolution  of 
August  24th,  1858,  and  re-affirmed  that  of  July  30th  of  the 
same  year. 


Vlll  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

From  the  preamble  to  the  following  resolution,  adopted 
by  the  board  at  a  meeting  held  at  Albany  May  3d,  1859, 
it  appears  that  the  foregoing  considerations,  in  addition 
to  others  stated  in  said  preamble,  among  which  were  the 
advantages  essential  to  a  successful  prosecution  of  the  suit, 
that  would  be  furnished  to  the  lessee  by  continuing  him  in 
possession  of  all  of  the  rights  and  powers  of  the  State,  per- 
taining thereto,  were  deemed  sufficient  not  only  to  justify, 
but  rendered  it  desirable  and  proper  that  the  lease  be 
renewed  or  extended,  at  least,  until  the  actions  should  be 
fully  ended,  and  the  title  of  the  people  of  the  State  to  said 
premises  be  established,  or  until  said  premises  be  disposed 
of  according  to  law ;  but  with  the  conditions  that  the  lessee 
shall  agree  to  release  the  State  from  all  claims  that  he 
might  otherwise  have  in  case  the  title  should  prove  invalid, 
and  that  he  should  prosecute  the  same  to  a  final  determina- 
tion with  all  due  diligence,  &c,  it  was,  therefore, 

"  Resolved,  That  the  term  of  the  lease  dated  April  24th, 
1858,  and  executed  by  the  Land  Commissioners  to  James 
B.  Taylor  and  Owen  W.  Brennan  for  the  premises  in  said 
lease  described,  be  extended  to  said  James  B.  Taylor  for 
the  term  of  one  year,  from  the  24th  day  of  April,  1859, 
upon  the  same  terms,  covenants  and  conditions  as  are  con- 
tained in  said  lease." 

At  a  meeting  of  the  board,  on  the  17th  of  May,  1859,  the 
foregoing  resolution  was  reconsidered,  when  the  Hon.  S. 
B.  Garvin  was  heard  on  behalf  of  the  tenants  of  the  West 
Washington  Market  property,  and  Messrs.  Van  Buren  and 
Hutchins  on  behalf  of  the  lessees  of  the  State,  whereupon 
the  above  resolution  of  May  3d  was  re-affirmed,  and  declared 
to  be  in  force  whenever  and  upon  the  express  condition 
that  Messrs.  Taylor  and  Brennan  shall  execute  to  the  peo- 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.  IX 

pie  of  the  State  a  release,  as  before  stated,  from  all  claims 
for  damages  that  may  have  arisen,  or  that  might  thereafter 
arise  from  the  former  lease,  also  from  the  lease  then  autho- 
rized, by  reason  of  the  failure  of  the  lessee  to  establish  title 
in  the  State ;  and  was  further  conditioned,  that  the  board, 
by  a  clause  to  be  inserted  in  the  lease  to  Taylor,  shall  be 
authorized  to  annul  and  declare  said  lease  void,  in  case  the 
board  should  resolve  that  the  action  then  pending  to  test 
the  title  should  not  thereafter  be  prosecuted  with  due  dili- 
gence by  the  lessee. 

The  papers  above  mentioned  were  subsequently  executed, 
and  their  form  in  respect  to  compliance  with  the  terms  and 
provisions  of  the  resolution,  were,  as  required  by  the  same 
resolution,  duly  approved  by  the  Attorney  General. 

The  board,  at  the  meeting  before  referred  to,  held  Decem- 
ber 28,  1859,  by  a  resolution,  directed  the  State  Engineer 
and  Surveyor  to  sell,  at  public  auction,  in  the  city  of  New 
York,  all  of  the  rights,  title  and  interest  of  the  State  in  and 
to  the  grounds  known  as  the  West  Washington  Market,  at 
a  price  not  less  than  the  sum  at  which  the  same  shall  be 
appraised  by  the  said  Engineer  and  Surveyor,  the  Secre- 
tary of  State  and  the  Speaker  of  the  Assembly,  who,  by  the 
same  resolution,  were  appointed  a  committee  to  appraise 
the  same. 

The  sale  was  directed  to  be  by  quit  claim  patent,  barring 
the  purchaser  from  all  claims  of  damage  against  the  State, 
in  case  of  failure  of  the  title  of  the  State ;  the  object  being 
to  dispose  of  whatever  claims  and  title  the  State  then  had 
in  said  premises,  and  as  directed  to  be  expressed  in  the 
patent,  wholly  at  the  risk  of  the  purchaser. 

At  the  same  meeting,  the  board  also,  by  resolution, 
recommended  that  in  case  the  aforesaid  property  should  not 


X  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

be  sold  pursuant  to  the  foregoing  instructions,  and  prior  to 
the  expiration  of  the  term  of  the  present  lease  to  James  B. 
Taylor,  that  said  lease  be  extended  or  renewed  for  one 
year,  with  the  same  covenants  and  conditions. 

On  the  30th  of  December,  1859,  the  committee  appointed 
to  appraise  the  interest  of  the  State  in  the  aforesaid  pro- 
perty, re}:>orted  to  the  board  that  "they  have  been  much 
embarrassed  in  arriving  at  any  satisfactory  conclusion, 
owing  to  the  peculiar  position  of  the  property,  and  the  great 
doubt  as  to  what  might  be  the  final  decision  of  the  courts 
in  regard  to  the  title,  which  decision,  in  the  ordinary  course 
of  litigation,  will  be  long  delayed.  In  view  of  these  cir- 
cumstances, your  committee  are  of  the  opinion  that  the 
interests  of  the  State  will  be  promoted  by  a  sale  of  the  pro- 
perty at  two  hundred  and  fifty  thousand  dollars,  under  the 
terms  of  the  resolution  ordering  the  sale,  rather  than  con- 
tinue a  doubtful  litigation ;  and,  therefore,  appraise  the 
interest  of  the  State  in  the  property  at  that  sum." 

They  further  state  that  they  "  arrive  at  this  conclusion 
more  readily,  knowing  that  while  no  bid  for  a  lesser  amount 
can  be  received,  the  interest  offered  will  be  open  to  the 
competition  of  all." 

It  may  be  remarked  that  the  board,  in  the  preamble  to 
the  resolution  of  December  28, 1859,  recommending  an  ex- 
tension of  the  lease,  &c,  state,  that  the  "action  brought  to 
recover  the  West  Washington  Market  property  "  is  "  still 
pending  in  the  courts,  and,"  as  was  believed,  "  would  not  be 
determined  by  the  judgment  of  the  court  of  last  resort,  for 
some  months." 

The  present  board,  at  their  first  meeting,  held  on  the 
11th  of  January,  18G0,  directed,  at  the  request  of  the 
counsel  to  the  corporation  of  the  city  of  New  York,  that 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.  Xl 

the  State  Engineer  and  Surveyor  suspend  further  proceed- 
ings under  the  resolution  of  December  28,  1859,  (ordering 
the  sale,  &c.,)  until  the  further  order  of  the  board ;  which 
was  done  with  the  hope  that  an  arrangement  might  be  made 
by  which  the  title  of  the  State  to  said  premises  would, 
previous  to  a  sale  of  the  same,  be  conceded  by  the  defend- 
ants to  the  suit  then  pending.  This,  however,  was  not 
realized,  and  the  Legislature,  by  the  act  passed  April  17, 
1860,  as  before  recited,  directed  the  survey  and  sale  of  all 
the  grounds  and  soil  filled  in  and  reclaimed,  and  lying  out- 
side of,  and  adjoining  the  limits  granted  by  the  Montgomery 
charter,  or  any  other  charter  or  grant  by  the  State  to  the 
city. 

The  mayor,  aldermen  and  commonalty  still  claimed  title 
to  all  of  the  ground  referred  to  in  the  act,  and  the  title  to 
the  West  Washington  Market  property  remained  undecided 
by  the  courts.  It  having  been  recommended  by  the  former 
board,  and  with  reference  to  avoiding  embarrassment  to 
the  lessee  in  prosecuting  the  suit  then  pending,  and  believ- 
ing the  fee  of  the  premises  in  question  to  be  in  the  people  of 
this  State,  who  were  at  least  entitled  to  a  portion,  if  not  all 
of  the  revenues  derivable  therefrom,  and  it  being  desirable, 
during  the  interval  to  be  occupied  in  the  survey,  prepara- 
tory to  a  sale  of  the  premises  under  the  act,  that  these 
revenues  should  not  be  lost  to  the  State,  the  board,  on  the 
17th  of  April,  1860,  renewed  and  extended  to  James  B. 
Taylor,  on  his  application,  the  lease  of  the  West  Washing- 
ton Market,  for  the  term  of  one  year  from  April  24th,  (the 
termination  of  the  old  lease,)  unless  sooner  disposed  of  by 
sale,  and  on  the  same  terms  and  conditions  as  were  con- 
tained in  his  two  several  leases  of  the  same  property  for 
the  two  preceding  years. 


Xll  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

The  same  terms  were  continued  in  the  new  lease,  on  re- 
presentations then  regarded  as  entitled  to  credit,  and  with 
the  full  belief  by  the  board  that  the  net  revenues  realized 
by  the  city  from  the  rents  of  the  same  premises,  collected 
from  the  tenants  while  holding  under  the  municipal  autho- 
rities, had  not,  in  any  single  year  exceeded,  but  in  every 
year  preceding  the  first  lease,  had  amounted  to  a  sum  con- 
siderably less  than  that  stipulated  for  the  same  period,  in 
the  new,  or  last  lease  to  Taylor. 

As  the  act  authorized  a  sale  of  the  premises  only  to  the 
mayor,  aldermen  and  commonalty  of  the  city,  and  believ- 
ing that  whenever  the  title  to  the  West  Washington  Market 
should  be  confirmed  in  the  State,  the  city  authorities  would 
be  desirous  of  purchasing  it,  and  it  having  been  made 
known,  by  application  to  the  board,  that  the  former  lessee 
desired  a  renewal  of  his  lease,  it  was  not  supposed  that  the 
interest  of  these  parties  would  prompt  them,  while  alone  in 
possession  of  the  most,  if  not  all  of  the  information  neces- 
sary to  a  correct  estimate,  to  enlarge,  but  rather  to  depre- 
ciate than  otherwise  the  estimate  of  the  annual  net  value 
of  the  rents,  which  formed  the  principal  reliable  basis  of 
an  estimate  of  the  fair  value  of  the  fee. 

Although  it  subsequently  came  to  the  knowledge  of  the 
board,  that  the  annual  rents  collected  from  the  tenants 
in  occupation  prior  to  the  last  lease,  amounted  to  a  much 
larger  sum  than  the  consideration  stipulated  in  said  lease, 
and  notwithstanding  an  impression  prevailed  in  the  minds 
of  members  that  the  representations  made  to  them  relative 
to  the  amount  of  net  proceeds  from  the  rents  annually  col- 
lected previous  to  the  date  of  the  last  lease,  might  with 
propriety  be  regarded  as  designed  to  create  an  erroneous 
impression,  yet  the  board  did  not,  in  view  of  the  then  late 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.         Xlll 

period,  or  short  time  then  deemed  probable  would  inter- 
vene previous  to  the  sale,  consider  it  expedient  or  judicious, 
or,  under  the  circumstances,  in  consonance  with  the  interest 
of  the  State,  to  annul  and  declare  the  lease  void. 

The  State  Engineer  and  Surveyor,  after  making  due 
inquiry  and  examination  into  the  character  and  extent  of 
the  survey  that  would,  under  the  act,  be  required  to  be 
made,  and  as  soon  thereafter  as  was  consistent  with  his 
other  duties,  appointed  0.  W.  Childs,  Esq.,  a  distinguished 
civil  engineer,  to  make  the  necessary  surveys,  who,  as 
appears  from  his  report,  proceeded  to  the  work  early  in  the 
month  of  June,  1860. 

Considerable  progress  having  been  made  in  the  survey, 
the  board,  at  a  meeting  held  on  the  5th  of  the  following- 
September,  appointed  a  committee,  consisting  of  the  Attor- 
ney General,  Lieutenant  Governor  and  State  Engineer  and 
Surveyor,  with  instructions  to  examine  into  the  value  of 
the  West  Washington  Market,  and  the  condition  of  the  suits 
then  pending,  to  test  the  title  to  the  same,  and  to  recom- 
mend to  the  board  what  action,  in  their  judgment,  should 
be  had  in  relation  thereto. 

On  the  9th  of  November,  and  pending  the  action  of  the 
committee  under  the  resolution  of  September  5th,  the  city 
authorities  having  settled  with  the  lessee,  one  of  the  plain- 
tiffs in  the  suits,  by  a  purchase  of  his  lease,  and  all  of  the 
rights,  interest  and  demands  held  by  him  against  said  city 
authorities,  who  thereby  virtually  yielded  to  the  State  their 
claims  to  ownership  in  fee  of  the  ground  and  soil  referred 
to  in  the  act,  communicated  to  the  board  a  desire  to  nego- 
tiate only  for  such  parcels  as  had  been  previously  by  them 
either  leased,  or  permanently  granted ;  which  parcels  con- 
sisted of  the  West  Washington  Market,  the  piers  at  the  foot 


XIV  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

of  Hubert  and  Watts  streets,  on  the  Hudson  river,  and  that 
portion  of  the  parcel  known  as  the  Lowber  property,  lying 
outside  of  Tompkins  street,  and,  as  was  then  supposed,  from 
intermediate  Thirteenth  and  Fourteenth  streets  to  the  centre 
line  of  Seventeenth  street,  extended,  on  the  East  river. 

The  city  authorities  wishing,  for  the  reasons  before  stated, 
to  perpetuate  in  the  corporation  or  its  grantees  the  title 
only  to  the  several  parcels  above  named,  the  board,  at  the 
same  meeting,  directed  the  State  Engineer  and  Surveyor 
to  cause  the  survey  of  the  same  to  be  made  and  completed 
at  the  earliest  practicable  moment,  and  without  delaying 
the  same  for  the  completion  of  the  surveys  of  the  residue 
of  the  lands  about  the  city  of  New  York. 

On  the  3d  day  of  January,  1861,  a  majority  of  the  com- 
mittee appointed  by  the  resolution  of  September  5th,  1860, 
reported  to  the  board  that  they  estimated  the  value  of  all 
the  lands  reclaimed  in  the  city  of  New  York,  and  lying 
outside  of  and  adjoining  the  boundary  of  fee,  or  all  referred 
to  in  the  act  of  April  17,  1860,  at  $1,200,000;  but  in  the 
exercise,  as  required  by  the  act,  of  a  proper  reference  to 
the  cost,  &c,  of  reclaiming  and  improving  the  same,  and 
other  conditions  affecting  its  value  to  the  State,  the  com- 
mittee recommended  the  sale  of  all  of  said  lands  for  the 
sum  of  $600,000. 

The  State  Engineer  and  Surveyor  reported  to  the  board, 
on  the  30  th  of  January  last,  the  survey  of  the  several  par- 
cels named  in  the  resolution  of  the  9th  of  November,  when 
it  was  ascertained  that  the  board  had  misapprehended,  in 
their  instructions  to  the  engineer,  the  precise  limits  of  the 
grounds,  and  that  the  survey  of  the  parcel  on  the  East 
river  embraced  a  larger  area  than  the  city  authorities  had 
expressed  a  desire  to  purchase ;  they  having  expressed  a 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.  XV 

wish  to  negotiate  only  for  that  portion  lying  outside  of 
Tompkins  street,  between  the  centre  lines  of  Sixteenth  and 
Seventeenth  streets,  (extended,)  and  embracing  only  the 
northern  portion  of  the  Lowber  property  ;  and  that  in  the 
case  of  two  of  the  parcels  lying  on  the  Hudson  river,  the 
survey  did  not  include  all,  that  on  more  mature  reflection, 
was  considered  necessary  to  a  full  enjoyment  of  the  pre- 
mises ;  that  portion  of  the  approaches  to  the  same  consist- 
ing of  dock  work  or  bridging,  and  not  solid  filling,  having 
been  omitted  in  the  area  reported. 

A  revised  survey  having  been  reported  by  the  State 
Engineer  and  Surveyor,  the  board,  on  the  5th  of  April, 
1861,  after  due  deliberation,  by  a  unanimous  vote  of  all  its 
members,  ordered  that  a  proposition  be  made  to  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  for  a 
sale  to  said  city  of  the  four  parcels  referred  to,  for  the  sum 
of  $800,000,  on  condition  that  said  proposition  be  accepted 
by  the  city,  on  or  before  the  first  day  of  June. 

On  the  2d  day  of  July,  the  proposal  having  been  accepted, 
patents  bearing  date  June  1st,  1861,  were  ordered  to  be 
issued  to  the  city  severally  for  said  parcels,  to  wit:  the 
West  Washington  Market ;  the  piers  at  the  foot  of  Hubert 
and  Watts  street;  and  the  parcel  outside  of  Tompkins 
street.  These  papers,  together  with  the  bonds  of  the  city 
received  in  payment  therefor,  as  authorized  by  the  act, 
were  duly  executed ;  the  latter  are  of  even  date  with  the 
patents,  and  bear  interest  at  the  rate  of  six  per  cent,  per 
annum,  payable  quarterly  at  the  Manhattan  Bank  in  the 
city  of  New  York,  and  mature  in  1873. 

In  estimating  the  value  of  the  reclaimed  grounds  referred 
to  in  the  act,  we  should  not  be  unmindful  that  the  municipal 
control  vested  in  the  corporation  renders  them  of  more 


XVI  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

value  to  the  city  authorities  than  to  individuals,  as  in  the 
case  of  the  West  Washington  Market  grounds,  which,  for 
purposes  of  a  market,  now  rent  for  a  much  larger  sum  than 
could  be  realized  from  them  by  any  other  mode  of  occupa- 
tion ;  the  market  franchise  being  wholly  under  municipal 
authority,  these  grounds  could  not  be  so  occupied  except  at 
the  pleasure  of  the  city.  This  known  liability  to  municipal 
action  affecting  the  mode  of  occupation  tends  to  depreciate 
the  value  of  the  fee  in  individuals.  Hence  an  estimate 
based  upon  receipts  under  circumstances  of  occupation  the 
most  favorable,  would  be  greatly  in  excess  of  what  could  be 
realized  by  a  public  sale  of  the  same,  while  subject  to  the 
uncertainties,  or  want  of  assurance  of  the  privilege  to 
occupy  in  the  manner  the  purchaser  might  elect,  or  for 
purposes  the  most  profitable. 

These  circumstances,  when  considered  in  connection  with 
those  to  which  a  reference  is  required  by  the  act,  as  also 
the  expense  of  collection,  losses  from  dishonest  or  false 
returns  of  revenues  collected,  repairs  of  docks,  maintenance 
of  grounds,  taxes,  &c,  furnish  evidence  of  a  prospective  net 
value,  to  the  individual  purchaser  of  the  fee,  very  far  below 
that  indicated  by  the  aggregate  annual  rents  hitherto  charged 
the  occupants  holding  under  the  municipal  authorities  of  the 
city. 

The  undersigned  herewith  transmit  to  the  Legislature 
the  report  made  to  this  board  by  the  State  Engineer  and 
Surveyor,  under  date  of  January  30th,  and  October  20th, 
1861,  to  which  is  appended  the  very  full  and  able  reports 
of  Mr  Childs, — the  one  dated  January  25th,  showing  the 
progress  at  that  time  made  in  the  survey,  and  the  other 
under  date  of  October  16,  1861,  being  his  concluding  report 
under  the  act. 


THE  NEW  YORK  HARBOR   ENCROACHMENTS.  XV11 

From  these  reports  it  appears  that  there  are  exclusive  of 
the  four  parcels  sold,  ten  distinct  parcels  of  land  and  soil 
filled  in  and  reclaimed,  and  lying  outside  of,  and  adjoining 
the  exterior  limits  authorized  by  the  act  of  1798,  and  other 
subsequent  acts  of  the  Legislature,  fixing  the  extreme  bound- 
ary "  beyond  which  no  erections  were  to  be  made."  Of 
these  parcels,  as  stated  in  the  reports,  there  are  three  which 
occupy  a  portion  of  the  area  within  the  line,  400  feet  from 
low  water  mark,  granted  to  the  city  of  New  York,  in  fee, 
by  the  Montgomery  Charter  of  January  17th,  1730. 

These  parcels,  as  appear  from  the  maps  submitted  by  the 
engineer,  and  to  be  filed  in  the  office  of  the  Secretary  of 
State,  are  long  and  narrow  strips,  of  very  few  feet  in  width, 
and  form  a  part  of  the  outer  side  of  West  and  South  streets 
as  now  occupied,  consequently  of  little  value  for  purposes 
other  than  streets.  Although  they  lie  within  the  400  feet 
lines  granted  by  the  Montgomery  Charter,  and  by  the  act  of 
1807,  as  they  lie  outside  of  the  exterior  limits  established  by 
laws  bearing  date  subsequent  to  those  granting  the  400  feet 
lines,  they  are  regarded  by  the  engineer  who  had  charge  of 
the  survey  as  encroachments,  beyond  the  limits  of  fee  in 
the  city;  the  exterior  lines  authorized  by  the  act  of  1798, 
and  by  other  acts  of  later  date,  being  held  by  him  as  having 
been  substituted  for  the  400  feet  line,  and  as  mutually 
adopted  in  lieu  thereof  by  the  Legislature  and  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New  York.  His 
argument  is  given  at  length  at  page  21  of  his  report  to  the 
State  Engineer  and  Surveyor. 

The  remaining  seven  parcels  lie  outside  of,  and  beyond 
the  400  feet  line,  and  all  other  grants  from  the  State ;  of 
these  there  are  four  of  the  same  general  character  as  to 
form,  value,   &c,  as   the  three   last  above   described,  the 

'"Senato,  No.  10.]  2 


XV111         COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

remaining  three  distinguished  by  the  engineer  on  the  map 
accompanying  this  report  as  parcels  J.,  L.  and  N.;  have 
forms  (excepting  the  latter)  suitable  for  the  laying  out  of 
lots  and  streets,  and  of  being  occupied  for  general  purposes ; 
the  latter,  or  parcel  N.,  on  the  Brooklyn  shore,  is  of  a  tri- 
angular form,  and  although  now  mainly  occupied  as  lumber 
yards,  is  in  respect  to  form  less  favorable  for  occupation  as 
a  distinct  parcel. 

The  area  and  extreme  dimensions  of  all  of  the  parcels 
are  stated  severally,  and  the  aggregate  area  of  the  parcels 
sold,  and  remaining  unsold ;  also  the  total  area  of  all  of  the 
parcels  are  given  at  pages  74  to  7G  inclusive,  of  the  engi- 
neer's report,  to  which  the  Legislature  is  respectfully 
referred  for  this  information. 

These  areas  have  been  determined  with  great  labor  and 
care,  and  the  board  regard  the  statement  of  their  amounts, 
as  given  in  the  table,  and  the  boundary  of  fee  in  the  city, 
represented  by  the  red  shaded  line,  as  being  as  correctly 
laid  down  on  the  new  map  on  file  in  the  office  of  the  Sec- 
retary of  State,  as  is  practicable,  and  the  whole  as  entitled 
to  the  fullest  confidence.  Parcel  J.,  as  appears  from  the 
table  above  referred  to,  has  an  area  of  3.83  acres;  parcel 
L.  3.97  acres,  both  on  the  west  shore  of  the  East  river  ; 
and  parcel  N.,  on  the  Brooklyn  shore,  has  an  area  of  0.641 
acre,  or  together,  an  aggregate  area  of  8  r4\  acres. 

These  three  parcels  constitute,  in  the  opinion  of  the  boar<L 
the  principal  value  of  all  of  the  parcels  (for  individual  use,) 
remaining  unsold ;  they  are  now  held  by  the  several  ripn 
rian  owners,  at  whose  expense  they  have,  as  is  understood, 
mainly  been  filled  in  and  reclaimed. 

The  city  authorities  having  disclaimed  all  further  attempts 
at  negotiation  for  the  purchase  of  any  of  the  ten  parcels 


THE  NEW  YORK  HARBOR  ENCROACHMENTS.         XIX 

remaining  unsold,  and  as  the  board  regard  the  act  directing 
the  survey  and  sale  of  these  grounds  as  authorizing  a  sale 
only  to  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  and  entertaining  the  opinion  that  there  is 
no  existing  statute  which  confers  on  them  the  power  to  dis- 
pose of  the  fee  of  the  grounds  reclaimed  and  adjoining  the 
boundary  of  fee  in  the  city  of  New  York,  they  respectfully 
refer  the  subject  to  the  consideration  of  the  Legislature, 
with  the  recommendation  that  the  act  of  April  17,  1860, 
be  so  amended,  as  that  in  case  the  object  of  said  act  rela- 
ting to  a  sale  of  the  whole  or  any  portion  of  the  aforesaid 
parcels  to  the  city  cannot  be  affected  upon  the  conditions 
and  in  the  manner  therein  prescribed,  that  the  State  Engi- 
neer and  Surveyor  be  directed  to  cause  the  same  to  be 
appraised,  and  that  the  several  owners  of  the  adjacent  lands 
have  a  pre-emption  right  to  purchase  the  same  at  the 
appraised  valuation,  on  or  before  the  1st  day  of  June,  1862; 
and  such  portions  of  said  parcels  as  shall  tljen  remain  un- 
sold, to  be  made  subject  to  the  general  statutes  relating  to 
the  public  lands  of  the  State,  and  be  advertised  and  sold  at 
public  auction  in  the  city  of  New  York,  to  the  highest  bid- 
der therefor ;  but  in  no  case  for  a  less  sum  than  that  at 
which  the  said  parcels  shall  have  been  severally  appraised. 
It  may  be  remarked  in  conclusion,  that  officers  having 
been  detailed  by  the  general  government  to  conduct  the 
surveys,  and  as  advisory  counsel  to  the  Harbor  Commis- 
sioners, the  line  thus  laid  down  and  established  by  the  act 
of  1857,  is  regarded  as  conventional  in  its  character,  and 
was  adopted  as  well  with  reference  to  individual,  corporate 
and  government  interests,  as  to  the  general  and  more  im- 
portant interests  of  commerce.  It  is  the  result  of  great 
labor,  and  of  the   best   practical   skill,    and   fixed,    as    is 


XX  COMMISSIONERS  OF  THE  LAND  OFFICE  RELATIVE  TO 

believed,  very  judiciously,  the  exterior  limits  beyond  which 
no  solid  filling  should  be  permitted. 

From  Battery  Place  on  the  Hudson,  around  the  Battery 
and  along  the  west  shore  of  the  East  river  to  Stanton  street, 
this  line  as  appears  from  the  map  conforms  to  the  front  of 
present  occupation,  and  the  face  of  the  bulkhead  as  now 
built.  From  Stanton  street  north  to  the  Harlem  river,  the 
city,  owning  the  fee,  may  without  further  legislation  autho- 
rize the  filling  in  and  occupation  out  to  the  Harbor  Com- 
missioners' line,  with  the  exception  of  the  spaces  between 
Stanton  and  8th,  19th  and  20th,  23d  and  26th  streets,  and 
a  small  space  opposite  34th  street,  where  said  line  falls  out- 
side of  the  limits  of  fee  granted  to  the  city  by  the  acts  of 
1826  and  1807. 

From  the  map  it  also  appears  that  there  are  no  encroach- 
ments on  the  Hudson  river  shore  from  13th  street  north  to 
Spuyten  Duyvil  creek,  between  which  points  the  act  of 
1857  restricts  or  varies  the  limits  of  occupation  granted  to 
the  city  in  fee  by  the  acts  of  1807,  1826  and  1837.  From 
13th  street  south  to  Battery  Place,  the  Harbor  Commission- 
ers' line  lies  outside  of  present  occupation,  and  along  that 
portion  south  of  Hammond  street  it  is  distant  from  West 
street  an  average  of  about  45  feet.  The  fee  of  this  space 
being  held  to  be  in  the  State,  it  cannot  be  legally  filled  in 
and  occupied  except  by  grant  from  the  Legislature.  It  is 
not  known,  however,  that  any  difficulties  can  arise  in 
maintaining  the  present  regimen  of  the  stream  by  permil  - 
ting  the  erection  of  additional  piers  within  the  pier  lint', 
and  in  the  angle  south  of  pier  No.  1. 

Although  a  considerable  portion  of  the  above  space  south 
of  Hammond  street  lies  within  the  projecting  portions  of 
the  400  feet  lines  of  the  Montgomery  charter,  and  of  the 


THE  NEW  YORK  HARBOR   ENCROACHMENTS.  XXI 

act  of  1807,  it  being  held  that  in  the  process  of  reducing 
these  lines  to  a  practical  form,  other  lines  fixing  the 
boundary  of  fee  at  some  places  within,  at  others  without, 
were,  as  before  remarked,  substituted  for  these  400  feet 
lines. 

It  therefore  appears  that  the  mayor,  aldermen  and  com- 
monalty being  the  owners  in  fee  may,  of  right,  fill  in, 
reclaim  and  occupy  out  to  the  bulkhead  line  established  by 
the  act  of  1857,  at  all  places  around  the  city  of  New  York, 
where  it  has  not  already  been  done,  excepting  the  distances 
occupied  by  the  four  spaces  on  the  East  river,  and  that 
south  of  13th  street  and  north  of  pier  No.  1  on  the  Hudson 
river,  where  the  fee  being  in  the  people  of  the  State,  they 
cannot  be  so  reclaimed  and  occupied  without  permission 

from  the  Legislature. 

ROBERT  CAMPBELL, 
DAVID  R.  FLOYD  JONES, 
ROBERT  DENNISON, 
VAN  R.  RICHMOND, 
CHAS.  G.  MYERS, 
P.  DORSHEIMER, 

ComWs  of  the  Land  Office. 


EEPOET 

OF 

Hon.  VAN  R.  RICHMOND,  State  Engineer  and  Surveyor, 

TO     THE 

COMMISSIONERS  OF  THE  LAND  OFFICE, 

Transmitting  the  report  of  the  progress  made  by  0.  W.  Childs,  Esq., 
Chief  Engineer,  of  the  Surveys  in  the  City  of  New  York,  direct- 
ed by  the  act,  chap.  516,  Laws  0/I86O. 


To  the  Hon.  The  Board  of  Commissioners  of  the  Land  Office: 

Gentlemen — I  herewith  present  a  report  of  0.  W.  Childs,  Esq., 
of  the  progress  thus  far  made  in  the  survey  required  by  the  act 
of  April  17r  I860,  relating  to  reclaimed  lands  along  the  Hudson 
and  East  rivers,  adjoining  the  city  of  New  York. 

A  line  400  feet  into  the  Hudson  and  East  rivers  from  "  low 
water  mark,"  was  made  the  boundary  of  a  large  portion  of  the 
city  by  the  Montgomery  charter  in  1730.  All  traces  of  this  line 
having  been  lost  by  occupation,  the  plan  adopted  for  restoring  it, 
as  stated  in  the  report,  appeared  to  be  the  only  one  that  gave 
any  prospect  of  success  ;  the  labor  bestowed,  and  the  degree  of 
success  thus  far  attending  it,  will  be  better  understood  by  a  refe- 
rence to  the  report,  and  the  maps  accompanying  it. 

It  may,  however,  be  remarked,  that  owing  to  the  natural  tenden- 
cies arising  from  the  advantages  of  a  more  convenient  access  to  nav- 
igable water,  to  intrench  beyond  the  limits  of  low  watermark  as  fix- 
ed by  the  Dongan  charter  in  1686,  and  continued  down  to  1730,  (a 
period  of  no  inconsiderable  improvement,)  the  original  low  water 
mark  is  more  probably  within,  than  without,  that  laid  down  from 
the  grants  on  the  maps,  and  as  now  adopted  as  the  low  water  line. 

The  lines  described  in  the  city  ordinances  of  1795  and  '6,  defin- 
ing the  exterior  limits  of  West  and  South  streets,  and  confirmed 
by  the  act  of  1798,  also  the  changes  authorized  in  these  streets 
by  subsequent  laws,  appear  to  be  more  readily  determined.  The 
valuable  folio   shore  map  of  the  Harbor  Commissioners,  filed  in 


4  [Senate 

1857,  on  which  are  laid  down  the  inner  lines  of  West  and  South 
streets  from  base  lines  given  by  Edmund  Blunt,  Esq.,  of  the 
United  States  Coast  Survey,  has-  been  made  available  in  compar- 
ing the  limits  of  present  occupation  with  those  authorized  by 
the  several  laws  establishing  those  streets,  according  to  plans 
previously  "  agreed  upon." 

This  method  of  prosecuting  the  inquiry,  appears  to  have  been 
attended  with  satisfactory  success,  and  has  produced  the  convic- 
tion that  the  city  is,  with  few  exceptions,  entitled  to  all  within 
a  line  70  feet  from  the  inner  line  of  West  and  South  streets,  so 
far  as  these  streets  adjoin  the  rivers. 

Although  the  several  laws  establishing  West  and  South  streets, 
fix  their  width  at  70  feet,  there  appear  to  be  cases  in  which  the 
projections  beyond  this  limit  are  still  within  the  bounds  of  the 
land  or  soil  under  water,  granted  by  the  State,  and  others,  where 
they  are  within  the  limits  of  plans  agreed  upon  previous  to  the 
passage  of  the  act  establishing  their  location  ;  and  again,  another 
of  considerable  magnitude  between  Coenties  slip  and  Roosevelt 
street,  where  South  street  is  built  farther  into  the  river  than 
appears,  so  far  as  the  examinations  have  been  made,  to  be  justified 
by  law.  Further  investigations,  however,  are  to  be  made,  which 
may  disclose  the  authority  for  building  this  street  upon  the  line, 
and  of  the  width,  it  now  has  between  these  points. 

Four  separate  parcels  of  solid  filling,  lying  outside  of  the  outer 
streets,  have  been  surveyed,  and  from  the  report,  there  appears 
to  be  others  of  much  value,  formed  by  accretion  and  otherwise, 
lying  north  of  17th  street,  yet  remaining  to  be  measured. 

If  the  views  taken  in  the  report,  as  to  the  true  boundaries  of 
the  city,  are  correct,  the  limits  of  the  several  parcels  remaining 
to  be  surveyed,  being  now  so  well  defined,  and  so  large  a  portion 
of  the  maps  and  other  necessary  office  work  having  been  done, 
the  force  is  to  be  somewhat  reduced. 

The  report  is  full,  and  in  much  detail  as  to  the  method  pur- 
sued and  the  conclusions  arrived  at,  and  together  with  the 
numerous  maps  accompanying  it,  give  evidence  of  the  energy, 
fidelity  and  skill  which  Mr.  Childs,  to  whom,  under  the  act,  this 
portion  of  the  service  it  required  was  wholly  confided,  has  thus 
far  prosecuted  the  same. 

Respectfully  submitted, 

YAJ8  R.  RICHMOND, 

State  Engineer  and  Surveyor. 
Albasy,  January  3Qth,  1861. 


l&tBtxiptiou  mih  i$ounta*g 

of 
WMBLOBXt    A. 

WEST    WASHINGTON    MAEKET 

jls  Surveyed  under  the  fiat,    Chap.  516,   Laws  of  1860. 


Qeing  all  af  the  s/iace  now  accufiieil,  and.  the  giaund  and  sail  filled  In  and  reclaimed,  and  kjiauui  as.  the  fllfekt  /Washington 
jUalket,  as.  the  same  is  lacated,  attaining  and  west  af  ILCeSl  SFttcct,  in  the  3 hiid  Rl"aid  of  the  citij  of  Jfem  llfaili-,  and  as 
ties itf  tinted  bg  and  emulated  within  the  led  shaded  tines,  shown  on  the  jtLa/t  maiked  SPalcel  ^fl,  heleunto.  annexed,  and  O.aunded 
as  follows,  ui$  : 

of  /Weil  stleet ,  at  the  inteisecting  fiai/it  of  a  line  dtawn  flam  the  south-east  col/tel  of  (Hey.  anil 
\line  faims,  uiith  the  sautheilg.  line  af  (U eg  stleet  extended,  a  contained  anqle  of  1 5~l 
ufian  a  line  fanning  with  the  afalesaid  line  flam  the  co.niel  of  (/leg  and  /West  sileets 
'  SS'fi  deglees,  a  distance  af  8b  feet ;  thence  noithellg  ufian  a  line  falming  with  the  atiaue  lattel  line 
ogle  af  <^Yf  £  detjlees,  lb\-±  feel ;  thence  westcllu  ufiou  a  line  fainting  uiith.  the  lattel  line  extended,  a  can- 
8S\  deglees,  b4yj  feet;  thence  mcstellg.  u/ian  a  line  f annul g  with,  the  Lattel  lute,  extended,  a  contained  angle  of 
feet;  thence  westellg  u/ian  a  line  falming  with  the  lattel  line  extended,  a  contained  angle  af  1  deglec,  101  feet; 
weAtefllj  u/ian  a  lute  fanning  uiith  the  lattel  line  extended,  a  contained  angle  af  S\  deglees,  7<?  feet ;  thence  nalthe'Lij.  ufian 
lute  fainting  with  the  lattel  line  extended,  a  contained  angle  af  77  jz  deglees,  18/8%  feet;  thence  westellg.  u/ian  a  line  falming 
with  the  lattel  line  extended,  a  contained  angle  af  8£^l  deglees,  2$  feet ;  thence  natthetlg.  u/ian  a  line  falming  with  the  lattei 
luu:  extended,  a  contained  angle  of  87ii  deglees,  Sbb^j  feet ;  thence  eastellg  ufian  a  luie  fanning  with  tile  Lattel  Line  extended, 
a  contained  angle  of  88  deglees,  S1  feet ;  thence  naitlieiLij  u/ian  a  line  falming  with  the  lattel  Line  extended,  a  contained  angle  af 
7<j  deglees,  18 feet;  tlience  eastellg.  ufian  a  line  falming  with  the  lattel  line  extended,  a  contained  angle  af  100  deglees,  7#tt  feet  ; 
thence  eastellg  u/ian  a  line  fanning  with  the  lattel  Line  extended,  a  contained  angle  af  10  deglees,  1SbT'-j  feet  ;  thence  eastellg  u/ian 
a  line  fanning  with  the  lattel  line  extended,  a  contained  angle  af  8^~  deglees,  1S4tj  feet;  thence  eastellg  ufian  a  Line  falming 
with  the  lattel  line  extended,  a  contained  angle  af  1  b\%  deglees,  $7-rs  feet  >'  thence  natthetlg.  ufian  a  Line  falming  with  the  lattei 
line  extended,  a  contained  angle  af  4<J  deglees,  5-^  feet;  tlience  eastellg  ufian  a  line  fanning  with  the  lattel  line  extended,  a 
contained  angle  af  S8'  deglees,  8b  feet,  to  the.  west  Line  af  /West  stleet;  thence  saul/ieilg  along  the  west  line  af  /West  stleet, 
Leing  70  feet  distant  at  rigltt  angles,  flam  the  east  Line  af  said  stleet,  ufian  a  Line  faimuig  with  the.  Lattel  line  extendi,!.,  a 
contained  angle  of  b8  deglees,  48/4  feet,  to  the.  filace  af  ueginning,  containing  an  alea,  outside  of.  and  liegond  the  aldinance  line 
af  1808,  of  S08. 03b  sauale  feet,  Le  the  same  male  ai  less. 

#ffi«  of  tljc  $Uto  tfovlt  liiirbor  Ciuroarjjnunt  &nri«g, 

Albany,    July    2,    1861. 

J  celtlfa  ttuU  tilt  fatcaaina  dcScli/tltan  and  Ucundaln  af  tlic^/WcAl  fWasltlnatan  _JLallccl,  Scaled  <ft,  was  made  l/u  mc,  and  in.  aceatdance 
uiith  Hit  field  nates  and  calculations,  af  a  Sulueu  af  die  same,  made  under  my.  ditcctian,  in  /iiilsiiancc  cf  Out  ilct,  /fha/i.  Str,  af  the  Maws 
af  ISbO,  and  dial  die  same  ale  in  alt  feiheets  called,  fijid  tliat  tlie  ^/La/t.  maiked  jk,  and  hclcuntc  attached,  en  which  U  delineated  said 
/West  /Waslilnatan  _/Laileel,  and  as  designated  ay.  and  em.Uta.ced  within  tlie  fed-shaded  lines,  w.as  made  La  me  and  tvuUt  ma  ditcctian  fin  m 
said  field  notes  and  calculations,  and  Is  a/da  collect. 

O.  W.  CHH.DS, 


fetate  engineer's  (Mre, 

Albany,    July    2,    1861. 

Jcetlifu  that  Uie  sulucu,  and  the  deseU/itiatt  and  ua.undalu.  of  die  /West  /Washlnato.n  JLalket,  as  a.Uau.c  aiu.cn.  %  0.  flt/.  rfkllds,  flam 
aucy..  and  ike  JLah  of  die  same  lielc.inM  ah/tended,  wele  made  as  autlmll^d  %  me,  in  cc^ifiUmib/,  with  die  Jtct,  Jha/i.  Sfb,  cf  the 
fdie  tfommliilenels  rfdie  tfand  C»ff,rc  of  jl/tlll  fjdi,  TSthO,  and  JfaacmOcf  (fih,  IgbO, 

VAN  R.  RICHMOND, 

„0&£  gTy.;...i  „.,j  jcx* 


£Caius  af  IS bO,  and  /lutsuant  to  tcSaluli 


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REPORT 


O.  W.  CHILDS,  to  Hon.  VAN  R.  RICHMOND,  State  Engineer  and  Surveyor, 

On  the  progress  made  in  the  Survey  of  the  line  hetween  the  City  and 
the  State  of  New  York,  under  the  act,  chap,  516  of  the  Laws  of 
I860.— January  25th,  1861. 


Hon.  Yan  R.  Richmond,  State  Engineer  and  Surveyor: 

Sir — That  portion  of  the  act,  chapter  516  of  the  Laws  of  1860, 
requiring  certain  duties  of  the  State  Engineer  and  Surveyor, 
entitled,  "  An  act  to  authorize  the  sale  of  certain  lands  belonging 
to  the  State,  and  to  empower  the  corporation  of  the  city  of  New 
York  to  purchase  the  same,"  is  as  follows  : 

"  Section  1.  The  State  Engineer  and  Surveyor  is  hereby  autho- 
rized and  directed,  as  soon  as  practicable  after  the  passage  of 
this  act,  to  cause  an  actual  survey  to  be  made  of  all  the  space  of 
ground  and  soil  of  the  Hudson  and  East  rivers,  which  has 
already  been  in  whole  or  in  part  reclaimed  and  filled  in,  either  by 
natural  accretion  or  otherwise,  and  which  lies  outside  of  and 
adjoining  the  grant  made  to  the  corporation  of  the  city  of  New 
York,  under  the  Montgomery  Charter,  granted  to  said  city  on  the 
15th  day  of  January,  1730,  or  by  any  other  charter  or  grant  to 
the  said  city  from  the  State,  and  to  make  a  return  of  said  sur- 
vey to  the  Commissioners  of  the  Land  Office. " 

Immediately  on  receiving  from  you  the  appointment  to  make 
the  surveys,  &c,  as  directed  by  the  act  above  recited,  I,  in  com- 
pany with  yourself,  proceeded  to  the  city  of  New  York,  and  as 
soon  thereafter  as  was  practicable,  instituted  examinations  of 
such  records  of  original  grants  of  land  along  the  margin  of  the 
city  by  the  English  government  to  individuals  and  to  the  corpo- 
ration, and  of  the  grants  to  the  city  by  the  State  of  New  York, 
as  shown  by  subsequent  legislative  enactments;  also   of  such 


6  [Senate 

maps  representing  the  borders  of  the  city,  the  records  of  the 
common  council  in  relation  thereto,  and  such  shore  grants  of 
land  by  the  city  to  individuals  as  seemed  most  probable  would 
tend  to  aid  in  the  development  of  the  present  boundary  of  the 
city,  or  of  the  true  line  between  the  lands  of  the  city  and  those  of 
the  State  of  New  York. 

Simultaneous  with  these  researches,  examinations  of  ancient 
maps  of  the  city  of  New  York,  on  file  in  the  State  Library  and 
in  the  office  of  the  Secretary  of  State,  and  in  the  latter  office  the 
authenticated  maps  of  modern  date,  and  to  some  extent  the 
records  of  grants  with  diagrams  attached,  together  with  such 
documents,  books  and  papers  as  could  be  found  bearing  on  the 
question  involved,  were  also  made. 

From  these  examinations  it  became  quite  apparent  that  the 
streets  then  known  as  Greenwich,  situated  on  the  westerly,  and 
Pearl,  Cherry  and  Crown  Point  streets  on  the  easterly  and  south- 
erly sides  of  the  city,  were  originally  laid  out  and  severally  built 
up  along  the  then  margin ;  and  although  generally  in  near  prox- 
imity, they  were  in  some  places  entirely  within,  and  at  others 
wholly  without  the  high  water  lines  of  the  Hudson  and  East 
rivers  ;  also  that  Washington  and  West  streets  on  the  Hudson, 
and  Water,  Front  and  South  streets  on  the  East  river,  are  built 
out  and  occupy  grounds  in  front  of  said  high  water  line,  and  that 
the  exterior  of  East  and  West  streets  evidently  extend  far  beyond 
the  original  Ioav  water  lines,  hence  all  traces  of  the  original  posi- 
tion of  both  the  high  and  low  water  lines  became  wholly  oblite- 
rated, and  all  information  as  to  the  original  location  of  the  low 
water  lines,  obtained  from  the  knowledge  of  persons  most  enti- 
tled to  confidence,  was  found  too  limited  and  vague  to  render  it 
proper  at  this  time  solely  to  use  these  latter  lines  as  a  basis  from 
which  to  establish,  by  means  of  a  survey  of  the  ground,  the  boun- 
dary of  the  city.  The  necessity,  therefore,  of  resorting  to  records 
furnishing  additional  data,  viz :  of  the  city  ordinances  made  in 
pursuance  of  charters,  legislative  acts,  and  to  city  grants,  maps, 
&c,  in  connection  with  such  test  measurements  on  the  ground  as 
might  prove  to  be  necessary,  was  anticipated  at  an  early  stage  of 
the  proceedings.  The  propriety  of  this  mode  of  prosecuting  the 
inquiry  was  subsequently  confirmed  by  the  examinations  of  the 
ground,  and  a  comparison  of  the  same  with  the  ancient  and  with 
the  more  modern,  of  the  following  full,  and  sectional  maps,  of  the 
city : 


No.  10,  J  7 

Date  of  Map.  Description. 

1654. 

1656. 

1695.  By  James  Lyne,  of  the  city. 

1728.  do  do 

1752.  By  F.  Maerschalck,  (Howard  to  Amity  streets). 

1755.  do  of  the  city. 

1757.  By  Samuel  Holland,  between  Hudson  and  the  East  rivers, 

Chambers  and  Delancy  streets. 
1763.  By  F.  Maerschalck,  of  the  city. 
1766.  By  Lieut,  B.  Ratzen,  of  the  city. 
1775.  By  John  Montressor,  of  the  city. 
1782.  By  John  Hills,  of  the  city. 
1791.  By  C.  T.  H.  Goercke,  of  the  battery. 
1793.  By  C,  T.  H.   Goercke    and    Van   Steenbergh,    East  river 

shore  map,  Whitehall  to  Corlear's  Hook. 
1793.  By  C.  T.  H.  Goercke,  New  Albany  basin,  or  from  Pine  to 

Cortlandt  street, 
1797.  Original   map   in    possession  of    G.   R.    Jackson,    by   B. 

Taylor,  of  the  city. 

1803.  By  C.  T.  H.  Goercke  and  F.  Mangin,  of  the  city. 

1804.  By  Mangin,  shore  map  of  Hudson  river,  Battery  Place  to 

Amos  street. 
1807.  By  Bridges  and  Poppleton,  various  of  both  rivers. 
1807.  By  Loss,  shore  map  of  Hudson  from  Chambers  to  Christo- 
pher street. 
1811.  By  John  Randall,  jr.,  of  the  city. 
1857.  By  harbor  commissioners,  of  the  city. 

Tracings  of  several  of  the  more  ancient  of  the  above  maps, 
have  been  made  with  care  from  the  most  original  copies  found  in 
the  State  Library  at  Albany ;  in  the  offices  of  the  Comptroller, 
of  the  Street  Commissioners,  of  Trinity  Church,  in  the  Historical 
Library,  and  in  the  possession  of  individuals,  &c,  in  the  city  of 
New  York.  Such  of  these  tracings  as  are  left  to  be  placed  on 
file  in  the  office  of  the  Secretary  of  State  will  be  alluded  to  in 
another  part  of  this,  and  in  a  subsequent  report.  The  originals 
of  those  of  1811  and  1857  are  already  on  file  in  said  office. 

BOUNDARIES  AS  GIVEN  BY  THE  CHARTERS  OF  1686,  1730,  AND  BY 
LEGISLATIVE  ENACTMENTS. 

The  city  of  New  York  (then  New  Amsterdam)  was  subject  to 
the  Dutch  government  from  its  earliest  history  down  to  1664, 


8  [Senate 

when  it  fell  into  the  hands  of  the  English,  by  whom  it  was 
governed  until  1673,  when  it  again  became  in  possession  of  the 
Dutch.  In  1674  the  English  regained  possession,  and  continued 
to  hold  it,  down  to  the  period  of  the  American  revolution  ;  hence, 
all  distances  noted  in  grants  of  a  date  subsequent  to  1674  are 
taken  as  referable  to  the  English  standard. 

On  the  27th  of  April,  1686,  Thomas  Dongan,  then  Lieutenant 
Governor,  and  Vice-Admiral  of  New  York,  executed  a  grant  to 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
of  "  all  the  waste,  vacant,  unpatented  and  unappropriated  lands 
lying  and  being  within  the  said  city  of  New  York,  and  on  Man- 
hattan Island  aforesaid,  extending  and  reaching  to  the  low  water 
mark,  in,  by,  and  through  all  parts  of  the  city  of  New  York  and 
Manhattan  Island  aforesaid,  together  with  all  rivers,  rivulets, 
coves,  creeks,  ponds,  waters  and  water  courses  in  the  said  city 
and  Island,  or  either  of  them,  not  heretofore  given  or  granted  by 
an}7  of  the  former  Governors "  or  other  authorities  "  to  some 
respective  person  or  persons."  Also  "  saving  to  his  most  sacred 
majesty  "  u  Fort  James  "  "  one  tenement  next  the  city  hall,  and  one 
messuage  by  the  fort  now  in  possession  of  James  Coker,  Gent'n, 
the  piece  of  ground  by  the  gate  called  the  Governor's  garden, 
and  the  land  without  the  gate  called  the  King's  farm,  with  the 
swamp  next  the  same  land  by  the  fresh  water." 

The  charter  of  Gov.  Cornbury  relating  to  ferries,  granted 
the  fee  to  the  soil  between  high  and  low  water  mark  along  the 
Brooklyn  shore. 

It  is  not  known  that  any  further  grants,  than  those  above- 
named  were  made,  by  which  the  limits  of  the  corporation  were 
extended  in  fee,  previous  to  that  of  January  15, 1730,  and  known 
as   the  Montgomerie  Charter. 

This  charter  fully  recites  and  confirms  to  the  corporation  the 
previous  grants  by  Gov.  Dongan  in  1686,  and  of  Queen  Anne  by 
Gov.  Cornbury  in  1708;  and  by  section  38,  further  "gives, 
grants  and  confirms  unto  the  said  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York  and  to  their  successors  forever,  all 
that  space  of  ground  and  soil  of  the  Hudson  river,  now  lying  and 
being  under  the  water  of  the  same  river,  to  begin  at  a  certain 
place  near  high  water  mark  at  the  south  end  of  a  piece  of  upland, 
which  lies  between  the  said  river  and  a  piece  of  meadow  ground 
or  marsh,  being  the  first  piece  of  meadow  ground  or  marsh  near 
Iludbon  river  to  the  southward  of  Greenwich,  and  from  whence 


No.  10.1  9 

the  above  named  run  of  water  called  Bestaver's  Killetjie  or  rivu- 
let runs  into  Hudson's  river,  from  which  place  of  beginning,  to 
extend  or  run  to  the  south  side  of  the  street  which  runs  from  the 
parade  before  our  fort  in  New  York  to  the  Hudson's  river,  south 
eighteen  degrees  thirty  minutes  west,  on  a  straight  line ;  the 
distance  being  one  hundred  and  twenty-five  chains,  from  which 
line  to  run  a  perpendicular  breadth  of,  and  to  comprehend  four 
hundred  feet  from  low  water  mark  into  Hudson's  river.  The  same 
containing  (82  J)  eighty-two  and  one-half  acres,  or  thereabouts.'7 

And  also,  "  all  that  space  of  ground  and  soil  of  the  East  river, 
from  the  north  side  of  Corlear's  Hook  to  Whitehall,  from  whence 
to  the  eastermost  point  of  Corlear's  Hook,  the  distance  in  a  straight 
line  running  south  fifteen  degrees  and  thirty  minutes  east,  is 
forty  chains  and  two  rods  ;  from  thence  to  Whitehall  on  a  straight 
line,  running  south  seventy-eight  degrees  thirty  minutes  west, 
the  distance  is  one  hundred  and  fifty-two  chains,  from  which  two 
lines  to  run  a  perpendicular,  and  to  comprehend  four  hundred 
feet  from  low  water  mark  into  the  East  river ;  the  same  contain- 
ing one  hundred  and  twenty-seven  acres,  or  thereabouts,  together 
with  all  and  singular  the  benefits,  &c." 

By  the  same  section,  authority  is  conferred  upon  the  corpora- 
tion to  wharf  out,  fill  in,  and  to  build  and  occupy,  "provided, 
always,  that  of  the  wharves  to  be  built  or  run  out,  there  shall 
be  left  toward  the  East  and  North  rivers  forty  feet  broad,  as 
well  for  the  greater  convenience  of  trade,  as  at  any  time  or  times 
hereafter  for  us,  our  heirs  and  successors,  to  plant  batteries 
thereon,  in  case  of  any  necessities." 

It  may  be  remarked,  that  this  space  of  forty  feet  was  to  be 
taken  from,  or,  as  is  supposed,  was  considered  as  constituting  a 
part  of  the  four  hundred  feet  thus  granted. 

It  may  also  here  be  noticed,  that  by  the  second  section  of  this 
charter  which  divides  the  city  into  wards,  the  boundaries  of  those 
portions  of  the  same,  lying  along  the  Hudson  and  East  rivers, 
south  of  Bestaver's  Killetjie  and  Corlear's  Hook,  and  north  of  the 
battery,  were  extended  to,  and  fixed  upon,  the  above  mentioned 
line  of  four  hundred  feet  from  low  water  mark,  and  the  lines  rep- 
resenting said  boundary  are  laid  down  on  the  very  fall  and  well 
executed  map  of  Lieut.  Ratzer,  in  1766-7,  and  that  by  John 
Hills  of  1782. 

This  charter  was  confirmed  by  the  Colonial  Legislature  in  1732, 


10  [Senate 

and  as  it  prescribed  limits  to  the  city,  it  constituted,  as  is  pre- 
sumed, the  basis  of  action  of  the  corporation  in  all  subsequent 
grants  of  water  lots  to  individuals,  down  to  the  act  of  1798, 
establishing  the  ordinance  lines  of  1795-6,  which  lines  are  re- 
garded as  intended  to  straighten,  include  an  equivalent  space, 
and  be  substituted  in  lieu  of  what  would  be  very  irregular  or 
sinuous  lines,  if  drawn  parallel  with,  and  four  hundred  feet  from, 
low  water  mark,  as  expressed  in  the  charter.  The  act  of  1798 
will  be  again,  and  more  fully,  referred  to. 

The  third  section  of  the  act  of  April  3d,  1801,  authorizes  "the 
said  mayor,  aldermen  and  commonalty  to  lay  out  as  far  as  the 
same  has  not  already  been  done,  and  according  to  the  plan  agreed 
upon  for  that  purpose,  regular  streets  or  wharfs  of  the  width  of 
seventy  feet  in  front  of  those  parts  of  the  said  city  which  adjoin 
to  the  East  river  or  sound,  and  to  the  North  or  Hudson's  river, 
and  of  such  extent  along  those  rivers  respectively  as  they  may 
think  proper  ;  and  that  as  the  building  of  said  city  shall  be  fur- 
ther extended  along  the  said  rivers,  it  shall  be  lawful  for  the 
said  mayor,  aldermen  and  commonalty,  from  time  to  time,  to 
lengthen  and  extend  the  said  streets  and  wharfs." 

Section  220  of  the  act,  chapter  86,  of  April  9,  1813,  is  an  exact 
transcript  of  section  three  of  the  act  of  April  3d,  1801,  last  above 
quoted. 

Again,  section  one  of  the  act  of  April  7,  1820,  makes  it  lawful 
for  the  mayor,  aldermen  and  commonalty  of  the  city  of  New 
York,  in  case  the  owners  of  adjoining  lots  shall  fail  to  do  so,  to 
make  and  complete  regular  streets  or  wharves  of  the  width  of 
seventy  feet  according  to  the  plan  which  has  been  agreed  upon 
for  the  formation  and  regulation  of  South  and  West  streets  in 
the  city  of  New  York,  and  to  fill  in  and  level  up  the  spaces  be- 
tween the  said  several  lots  and  said  streets  along  the  Hudson  and 
East  rivers,  and  to  collect  from  the  owners  of  said  lots  respec- 
tively the  expense  thereof. 

By  the  act,  chapter  115,  of  April  3d,  1807,  the  Commission- 
ers of  the  Land  Office  were  "  directed  to  issue  letters  patent, 
granting  to  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New  York  and  their  successors  forever,  all  the  right  and  title  of 
the  people  of  this  State  to  the  land  covered  with  water  along  the 
shore  of  the  North  or  Hudson's  river,  contiguous  to,  and  adjoining 
the  lands  of  the  said  mayor,  aldermen  and  commonalty  of  the 
said  city  of  New  York,  at  and  from  low  water  mark,  and  running 
four  hundred  feet  into  the  said  river  from  Bestaver's  Killetjie  or 


No.  10-1  11 

river,  to  the  distance  of  four  miles  to  the  north  along  the  east- 
erly shore  of  the  said  North  or  Hudson's  river  ;  and  also  the  land 
covered  with  water  along  the  westerly  shore  of  the  East  river,  or 
sound,  contiguous  to,  and  adjoining  the  lands  of  the  said  mayor, 
aldermen  and  commonalty,  at  and  from  low  water  mark,  and 
extending  four  hundred  feet  into  the  said  river  or  sound,  from  the 
north  side  of  Corlear's  Hook,  at  the  northerly  boundary  of  the 
lands  covered  with  water,  whereof  the  said  mayor,  aldermen  and 
commonalty  are  now  seized,  to  the  distance  of  two  miles  to  the 
north,  along  the  westerly  shore  of  the  said  East  river  or  sound.'7 

This  act  reserves  to  the  proprietors  of  adjacent  lands  the  pre- 
emption right  in  all  grants  by  the  city,  of  lands  under  water 
hereby  granted  to  the  corporation. 

Four  hundred  feet  in  width  of  the  land  under  water  from  low 
water  mark,  was,  in  like  manner,  granted  to  the  corporation  by 
the  act  of  February  25,  1826,  chapter  58,  from  the  above- 
mentioned  point  four  miles  north  of  Bestaver's  Killetjie,  or 
near  Charlton  street.  Thence  extending  northerly  "  along  the 
easterly  shore  of  said  river  to  Spuyten  Duyvil  creek  or  Harlem 
river,"  and  the  like  four  hundred  feet  from  low  water  mark  along 
the  north-easterly  shore  of  the  East  river  or  sound  from  the  point 
two  miles  north  of  Corlear's  Hook  to  Spuyten  Duyvil  creek, 
otherwise  called  Harlem  river."  Pre-emptive  rights  to  riparian 
owners  being  reserved  in  this,  as  in  the  act  last  above  referred 
to  of  1807. 

By  the  act,  chapter  166,  of  April  13th,  1826,  Tompkins  street, 
as  then  laid  out  and  approved  by  the  mayor,  aldermen,  &c,  was 
made  the  permanent  exterior  street  on  the  East  river  from 
Rivington  street  to  23d  street ;  also  East  street,  between  Grand 
and  Rivington  streets  was  made  the  permanent  exterior  street  as 
then  laid  out  and  approved  by  the  corporation.  The  act  of 
April  9th,  1813,  and  the  several  acts  amending  the  same,  were 
made  to  apply  to  these  streets. 

The  act  of  March  27th,  chapter  172,  laws  of  1821,  authorizes 
the  mayor,  aldermen  and  commonalty  "  to  extend  that  part  of 
the  city,"  known  as  the  "  battery,  into  the  bay  and  the  North 
and  East  rivers,  any  distance  they  might  deem  proper,  not  ex- 
ceeding six  hundred  feet ;  "  and  all  the  title  of  the  state  to  the 
land,  and  land  under  water  adjoining  and  in  front  of  said  bat- 
tery, to  the  extent  of  the  above  six  hundred  feet,  became  vested 
in  the  city,  who  were  restricted  in  its  use  to  the  purposes  of  a  pub- 
lic walk,  the  erection  of  public  buildings  auc(  works  of  defence, 


12  [Senate 

By  section  one,  chapter  149,  laws  of  1828,  West  street  was 
extended  and  made  the  permanent  exterior  street  from  its  then 
northerly  termination,  at  Christopher  street,  to  its  intersection, 
with  a  continuation  of  the  then  Great  Kiln  road,  (near  the  south- 
ern termination  of  10th  Avenue,)  and  all  grants  by  the  common 
council  made  and  to  be  made,  are  by  this  act  required  to  be  ex- 
tended to  said  West  street ;  also  all  the  provisions  of  the  act  of 
April  9th,  1813,  and  all  acts  amending  the  same  are,  in  addi- 
tion thereto,  made  applicable  to  said  permanent  exterior  street. 

On  the  18th  of  January,  1830,  the  Legislature,  by  act,  chapter 
eight,  of  the  laws  of  that  year,  authorized  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York  to  so  alter  the  plan  'of 
West  street,  as  previously  agreed  upon,  that  the  east  line  thereof, 
between  Battery  place  and  New  Albany  basin,  shall,  when  con- 
structed, be  made  parallel  with,  and  one  hundred  and  eighty  feet 
distant  from,  the  west  line  of  Washington  street. 

By  the  act  of  May  11th,  1835,  chapter  268,  the  mayor,  <fcc., 
were  authorized  to  adopt  such  plan  as  they  might  deem  proper 
for  the  laying  out  of  that  part  of  the  city  between  13th  and  23d 
streets,  the  1st  Avenue  and  the  East  river,  and  to  designate  and 
to  direct  where  the  permanent  exterior  line  of  said  city  shall  be  in 
place  of  that  part  of  Tompkins  street,  which  now  lies  or  is  laid  out 
to  the  eastward  thereof  on  the  present  map  or  plan  of  said  city. 

In  pursuance  of  the  above  act,  the  common  council,  by  an 
ordinance  dated  September,  30th,  1835,  adopted  a  plan  which 
had  been  approved  by  them  on  the  8th  of  February,  1833,  which 
located  the  permanent  exterior  line  between  13th  and  23d  streets 
considerably  within  that  established  by  the  act  of  April  13th, 
1826.  This  ordinance  was  conditioned,  however,  upon  the  sur- 
render and  cancelment  (in  accordance  with  certain  terms  previ- 
ously prescribed  by  the  corporation  to  the  grantees)  of  certain 
lots  between  14th  and  23d  streets,  extending  out  to  Tompkins 
street,  as  authorized  by  the  act  of  1826. 

It  is  not  known  that  the  conditions  contained  in  the  above 
ordinance  were  ever  complied  with,  or  that  the  act  of  1826  has 
been  repealed ;  and  as  the  memorial  of  the  common  council  to 
the  Legislature  praying  the  passage  of  the  act  of  May  11th,  1835, 
the  ordinance  under  it  of  September  30th,  of  the  same  year,  the 
report  of  the  street  commissioner,  Benjamin  Wright,  Esq.,  to  the 
common  council  in  1832,  relating  to  an  interior  street  at  this 
point,  as  also  the  act  itself,  by  construction,  all  refer  only  to  a  line 
within  that  authorized  by  the  act  of  1826,  the  law  of  1835  is  not 


No.  10.]  13 

regarded  as  applicable  to,  or  as  having  authorized  the  adoption 
of  an  outer  or  more  easterly  line.* 

An  act  passed  April  6,  1837,  directs  that  "  all  ordinances  here- 
tofore passed  by  the  common  council  of  the  city  of  New  York,  and 
now  in  force,  and  all  ordinances  hereafter  to  be  passed  by  the 
said  common  council,  shall  remain,  and  continue  in  force  until 
the  same  shall  be  repealed. 

It  appears  that  on  the  31st  December,  1856,  the  common  coun- 
cil passed  an  ordinance  extending  East  street  from  its  then  ter- 
mination at  Rivington  street,  to  the  center  of  38th  street,  upon 
a  line  wholly  outside  of  Tompkins  street,  and  all  other  previ- 
ously established  exterior  legal  limits  of  fee  in  the  city.  This, 
however,  and  all  other  ordinances,  extending  the  limits  of  fee  in 
the  city  beyond  those  granted  by  the  Legislature,  are,  under  the 
act  of  April  17,  1860,  held  as  repealed  and  void. 

The  present  boundary  of  the  city  between  Grand  and  23d 
streets  is,  therefore,  considered  as  limited  to  the  exterior  line  as 
fixed  in  pursuance  of  the  aforesaid  act  of  1826,  with  the  excep- 
tion of  that  portion  between  Rivington  and  the  east  side  of  Stan- 
ton streets,  which  is  granted  to  the  city  by  the  act,  chapter  368, 
laws  of  1860,  authorizing  the  extension  of  East  street  along  the 
Bulk  Head  line  as  established  in  1857,  from  Rivington  to  the 
east  side  of  Stanton  street  ;  and  all  the  interest  of  the  people  of 
this  State  to  the  land  under  water  in  the  rear  of  East  street  so 
extended,  is  thereby  released  to  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York  and  their  grantees. 

The  act  passed  May  12th,  1837,  authorizing  13th  Avenue  from 
the  southerly  side  of  Hammond  street  to  the  northerly  line  of 
135th  street,  is  regarded  as  inoperative  or  void  so  far  as  relates 
to  all  that  portion  of  the  lands  under  water  granted  by  it,  west 
of,  or  beyond  the  Bulk  Head  line,  as  laid  down  by  the  harbor  com- 
missioners in  their  report  made  to  the  Legislature,  Jan.  27th,  1857, 
and  confirmed  by  the  act  of  April  17th  of  that  year.  Thirteenth 
Avenue,  is  therefore  taken,  as  the  exterior  line  from  Hammond  to 
14th  streets,  and  the  Bulk  Head  line  thence  to  135th  street. 

Having  cited  so  much  of  the  charter  alluded  to  in  the  act 
directing  this  survey,  as  appears  to  bear  upon  the  question  in- 
volved, and  of  all,  as  is  believed,  subsequent  acts  of  the  Legisla- 

*  See  note  Q.,  Davies'  Compilation,  page  twelve  hundred  and  fifty-seven  and  twelve  hun- 
dred and  fifty-eight ;  Hoffman's  Treatise,  <fec.,  pages  three  hundred  and  thirteen  to  three 
hundred  and  fifteen;  decision  of  Supreme  Court,  Nott  vs.  Thayer,  Flagg  and  others,  pam- 
phlet, page  forty -four.  o 


14  [Senate 

ture  by  which  a  further  increase  or  extension  of  the  limits  of  the 
city,  beyond  those  authorized  by  the  Montgomery  charter,  have 
been  granted,  and  stated  the  views  taken  of  their  application, 
we  wish  now  to  ascertain  whether  the  exterior  streets  and 
grounds  as  now  filled  in  and  reclaimed,  conform  to,  and  if  not, 
whether  they  exceed  the  limits  as  deemed  to  be  granted  by  the 
several  acts  prescribing  exterior  lines  beyond  which  no  erections 
were  to  be  made. 

It  appears  from  the  charters  and  from  the  legislative  grants 
already  cited,  that  the  city  was  entitled  to  the  land  under  water 
from  the  Battery  along  the  shores  of  both  the  Hudson  and  East 
rivers,  as  far  north  as  their  junction  with  the  Harlem  river,  to  an 
extent  of  four  hundred  feet  into  these  rivers  respectively,  and  so 
far  as  the  charter  extended,  at  right  angles  with  a  line  therein 
described,  which  was  probably  intended  to  be  as  nearly  as  prac- 
ticable at  right  angles  from  the  original  line  of  low  water  mark ; 
and  around  the  Battery  to  the  extent  of  six  hundred  feet  into  the 
bay  and  Hudson  and  East  rivers,  and  that  the  boundaries  defined 
by  the  charter  of  1730  have  been  modified  by  the  act  of  1798, 
and  by  other  subsequent  acts  ;  also,  that  on  some  other  portions 
of  the  Island  the  line  four  hundred  feet  from  low  water  mark, 
granted  by  anterior  laws,  has  in  like  manner  been  changed  by 
those  of  more  modern  date. 

For  more  convenient  reference,  the  following  recapitulation  is 
given  of  the  several  charters  and  acts  granting  territory  on  and 
adjoining  Manhattan  Island,  to  the  mayor,  aldermen  and   com- 
monalty of  the  city  of  New  York,  in  the  order  of  their  date  : 
The  charter  of  1686,  by  Gov.  Dongan,  granted,  with  the  excep- 
tions noted,  the  entire  Island  of  Manhattan  to  low  water  mark. 
The  charter  of  1730,  by  Gov.  Montgomerie,  granted  400  feet 
beyond  low  water  mark,  from  the  Battery  along  the  Hudson 
river  to  Bestaver's  kill,  and  on  the  East  river  from  the  Bat- 
tery to  the  north  side  of  Corlear's  Hook,  now  regarded  as  hav- 
ing been  intended  to  be  superseded  by  the  act  of  1798,  whicli 
authorized  the  laying  out  of  South  and  West  streets  upon  any 
plan  that  might  be  agreed  upon. 
Section  3  of  the  act  of  April  3d,   1801,  authorized  the  mayor, 
aldermen  and  commonalty  to  lay  out  South  and  West  streets 
upon  the  plan  agreed  upon  for  that  purpose. 
The  act  of  April  3d,  1807,  extended  the  400  feet  from  Bestaver's 
Killetjie  four  miles  north,  and  from  the  north  side  of  Corlear's 
Hook  two  miles  north, 


No.  10.]  15 

Section  220,  of  the  act  of  April  9,  1813,  confers  the  same  powers 

as  section  3  of  the  above  act  of  1801. 
By  an  act  passed  April  7,  1820,  the  mayor,   aldermen,  &c,  are 
again  authorized  to  make  streets  or  wharves  of  the  width   of 
seventy  feet,  according  to  the  plan  which  has  been  agreed  upon 
for  the  formation  of  South  and  West  streets. 
The  act  of  1821  authorized  an  extension  of  six  hundred  feet  in 
front  of  the  Battery,  into  the  bay  and  Hudson  and  East  rivers. 
The  act  of  February  25th,  1826,  extended  the  four  hundred  feet 
into  and  along  the  Hudson  and  East  rivers,  respectively,  from 
the  termination  of  the  four  hundred  feet  at  the  points  above 
named,  to  their  junction  of  the  rivers  with  the  Spuyten  Duyvil 
creek  and  the  Harlem  river. 
The  act  of  April  13th,  1826,  established  Tompkins  as  the  exte- 
rior street  as  then  laid  out  from  Rivington  to  23d  street,  and 
East  street  from  Grand  to  Rivington. 
The  act  of  January  18,  1830,  authorized  West  street  to  be  made 
parallel  with  Washington  street,  and  removed  the  former  sixty 
feet  further  into  the  river,  and  83 J  feet  beyond  the  ordinance 
line  of  1796. 
The  residue  of  the  acts  before  recited,  as  will  be  noticed,  grant 
no    additional  territory  ;  in  other  words,   do  not  extend  the 
limits  of  fee  in  the  city  beyond  former  grants.     That  of  March 
31,  1828,  extended  West  street  without  transcending  the  limits 
already  granted  from  its   then  termination   (at   Christopher 
street)  to  Gansevoort  street,  or  to  a  connection  with  the  Tenth 
avenue. 
The  act  of  May  11,  1835,  related  solely  to  a  line  for  Tompkins 
street,  within  that  previously  granted;  and  that  of  April  12, 
1837,  authorizing  13th  avenue,  is  restricted  in  its  limits  to  one 
hundred  feet  west  of  12th  avenue,  by  the  act  of  1857  estab- 
lishing the  bulkhead  line,  or  800  feet  within  the  grant  of  1837. 
The  act  of  April  13th,  1860,  extended  East  street  from  Riving- 
ton to  the  north  side  of  Stanton  street. 

For  a  knowledge  of  the  several  laws  pertaining  to  boundaries 
of  the  city  and  their  application,  reference  has  been  had  to  the 
following  works,  viz  :  The  Charter  of  the  City  of  New  York,  with 
Notes,  &c,  by  Chancellor  Kent :  the  Compilation  of  the  Laws 
relative  to  the  City  of  New  York,  by  Hon.  H.  E.  Davies,  with 
Notes  ;  Judge  Hoffman's  Treatise  on  the  Estate,  and  Rights  of 
the  Corporation,  &c,  with  Notes  ;  to  a  work  entitled  The  City 
Charter  and  Ordinances  of  Brooklyn  ;  to  Statutes  not  referred  to 


16  [Senate 

in  the  above  works,  and  to  the  ordinances  and  other  documents 
bearing  on  the  question,  and  alluded  to  in  other  parts  of  this 
report. 

Previous  to  1657,  the  date  of  the  earliest  Dutch  charter,  grants 
of  land  along  both  rivers  were  made  by  the  Dutch  government  to 
individuals,  and  subsequently  under  the  above  charter  down  to 
1GG4,  others  were  made  by  the  city  authorities.  Although  under 
the  Dongan  charter  numerous  grants  of  water  lots  were  made  by 
the  mayor,  aldermen  and  commonalty  of  the  city,  so  far  as  ap- 
pears, very  few  were  extended  below  low  water  mark  previous 
to  1730. 

GRANTS    BETWEEN    LOW  WATER  MARK    AND  THE    FOUR  HUNDRED    FEET 

LINE. 

Being  authorized  by  the  charter  of  1730,  to  occupy  beyond  the 
low  water  line,  and  the  necessity  arising  from  the  increase  of 
commerce  having  become  pressing,  grants  seem  to  have  been 
made  by  the  corporation,  in  the  absence  of  any  matured  general 
plan  ;  and  previous  to  1795  had  become  numerous,  and  in  out- 
line very  irregular. 

A  history  of  these  grants,  showing  severally  their  date,  locality, 
extent,  <fec.,  is  not,  with  reference  to  this  inquiry,  deemed  to  be 
necessary  ;  being  laid  down  on  the  several  maps  to  be  filed,  their 
extent  and  relative  position  are  shown.  They  generally  made 
provision  for  a  street  or  open  space  in  their  outer  extremity,  of 
forty  feet  in  width,  the  construction  of  which  streets,  although 
not  shown  on  the  map,  forms  a  part  of  the  conditions  of  the 
grants  in  conformity  with  the  requisitions  of  the  charter  of  1730. 

ORDINANCES    PROJECTING     SOUTH     AND     WEST     STREETS. 

Appreciating  the  greater  convenience  to  commerce,  if  not  the 
necessity  of  a  more  spacious  exterior  street  at  points  concentrat- 
ing the  greatest  business,  the  common  council,  as  early  as  1793, 
directed  that  a  width  of  seventy  feet  should  be  given  to  the 
outer  street  then  to  be  extended  along  East  river  from  White- 
hall to  Coenties  slip.  This  being  done  to  the  extent  stated,  the 
advantages  realized  from  it  led  to  the  adoption  of  a  width  of 
seventy  feet,  (then  deemed  sufficient)  for  the  exterior  streets 
along  both  the  East  and  Hudson  rivers. 

A  shore  map  of  the  east  river,  embracing  the  distance  from 
Whitehall  slip  to  Corlear's  hook,  made  in  1793,  by  Goercke  and 
Yansteenburgh,  city  surveyors,  shows  a  projection  of  South  street 
as  far  north  as  Corlear'a  street,  which  embraces  a  greater  area 


No.  10.]  17 

than  that  included  within  the  grant  of  four  hundred  feet  from 
low  water  mark.  Although  the  projection  of  these  outer  streets 
was  a  subject  of  discussion  by  the  board  from  time  to  time, 
subsequent  to  1793,  it  does  not  appear  to  have  been  formally 
acted  upon  by  an  ordinance  until  April  7,  1795.  (See  Records  of 
proceedings  of  the  common  council,  vol.  11,  page  217). 

From  the  preamble  of  this  ordinance,  the  following  extracts 
are  made : 

"And  the  board  judging  that  a  wide  and  spacious  street  along 
the  front  of  the  city  would  tend  very  much  to  its  ornament,  con- 
venience and  safety,  directed  their  street  commissioner  to  cause 
a  survey  and  chart  of  the  front  of  the  city  along  the  East  river, 
with  the  line  of  such  street  marked  thereon,  to  be  made  and  re- 
ported to  the  board,  and  the  said  committee  accordingly,  having 
reported  the  said  chart  with  the  lines  of  said  street  which  is  to 
be  of  the  breadth  of  seventy  feet,  beyond  which  no  further 
grants  are  to  be  made;"  and  the  board  having  frequently  "had 
the  said  chart  with  the  lines  of  the  street  run  out  and  marked 
theron  under  consideration,  did  this  day,  after  making  some 
alterations  as  to  the  course  of  the  lines  of  the-  sa*id  streets,  agree 
to  the  same,  according  to  the  following  description  thereof:" 

"  Beginning  at  a  point  or  station  in  the  river  opposite  the  east 
side  of  Whitehall  slip,  229.6  from  the  corner  at  the  south  side 
of  Water  street  (now  Front  street);  the  line  runs  thence  to  a 
point  opposite  the  west  side  of  Coenties  slip  228.6  into  the  river 
from  the  corner  at  the  south  side  of  Water  street;  opposite  the 
east  side  of  Coenties  slip,  the  distance  is  one  hundred  and  sixty 
feet  from  the  corner  at  the  south  side  of  Front  street ;  opposite 
the  western  range  of  Crane  wharf  the  distance  to  the  line  is  three 
hundred  and  thirty-one  and  three-quarters  feet  from  the  corner 
at  the  south  side  of  W^ater  street ;  and  from  the  same  street  it  is 
three  hundred  and  fifty  feet  into  the  river  opposite  the  western 
boundary  line  of  the  grant  to  Thomas  Barnes,"  near  Roosevelt 
street.  From  the  south  side  of  Cherry  street  opposite  the  west  side 
of  Rutger's  slip,  the  distance  is  four  hundred  feet,  and  at  Corlear's 
Hook,  the  distance  to  the  line  is  one  hundred  and  sixty  feet  from 
the  south  side  of  Crown  Point  street,  "which  said  line  is  the 
inner  line  of  the  intended  street  of  (70)  seventy  feet  wide." 

The  line  as  thus  described  and  adopted,  was,  on  a  recommendation 


18  [Senate 

of  the  same  committee,  modified  by  the  board  on  the  10th  day  of 
February,  1796.  The  alteration  commenced  opposite  the  westerly 
boundary  of  the  grant  as  before  stated,  to  Thomas  Barnes,  which 
point  was  moved  (70)  seventy  feet  further  into  the  river,  making 
the  amended  distance  four  hundred  and  twenty  feet  from  the 
south  side  of  Water  street.  To  the  distance  at  Rutger's  slip 
there  was  added  one  hundred  and  ninety  feet,  making  the  dis- 
tance as  amended  at  this  point,  five  hundred  and  ninety  feet  into 
the  river,  from  the  south  side  of  Cherry  street ;  and  at  Corlear's 
Hook  the  line  of  April  7th,  1795,  was  carried  two  hundred  feet 
further  into  the  river,  making  this  amended  distance  three  hun- 
dred and  sixty  feet  from  the  south  side  of  Crown  Point  street. 
From  the  point  at  the  extremity  of  these  three  distances  last 
above  mentioned,  lines  are  projected,  and  the  courses  of  each 
are  given  in  the  ordinance. 

In  the  ordinance  of  1796,  no  allusion  being  made  to  a  street  of 
seventy  feet  width,  it  is  supposed  that  the  line  thus  projected  at 
the  extremity  of  these  amended  or  increased  distances,  by  which 
it  is  thrown  so  much  further  into  the  river,  was  intended  to  form 
the  permanent  exterior  limit  of  the  wharf  or  street,  and  the 
aforesaid  lines,  and  included  areas,  were  substituted  in  lieu  of 
all  former  grants  and  exterior  lines. 

The  ordinance  fixing  the  line  for  a  street  seventy  feet  in  width 
along  the  west  side  of  that  portion  of  the  city  extending  from 
near  Charlton  street  to  Battery  place,  forms  a  part  of  that  dated 
February  10th,  1796.  This  line  commences  in  the  Hudson  river 
opposite  a  point  one  hundred  and  fifty  feet  northerly  from  the 
centre  of  the  then  arch  bridge  over  Bestaver's  Killetjie,  and  four 
hundred  and  twenty  feet  westerly  from  the  west  side  of  Green- 
wich street,  and  runs  thence  to  a  point  in  the  range  of  the  south 
side  of  Duane  street,  four  hundred  and  forty  feet  westerly  from 
the  west  side  of  Greenwich  street ;  from  thence  the  line  is  ex- 
tended to  a  point  in  the  Hudson  river  being  in  the  north-easter- 
most  range  of  the  street  or  lane  lying  between  Kennedy's  corner 
house  and  the  Battery,  and  three  hundred  and  sixty  feet  westerly 
from  the  west  side  of  Greenwich  street.  The  courses  of  this 
outer  line  arc  given  in  the  ordinance  in  which  it  is  also  stated 
that  "  the  description  is  from  an  actual  survey  of  an  outer  street, 
which  is  to  be  of  the  breadth  of  seventy  feet,  and  beyond  which 
no  grant  ought  to  be  made  or  buildings  erected." 

The  petition  of  the  common  council  to  the  Legislature,  asking 


No.  10.]  19 

a  confirmation  of  these  ordinances,  is  dated  February  12,  1798, 
in  which  they  say  they  "  have  lately  directed  a  permanent  street 
of  seventy  feet  in  width  to  be  laid  out  and  completed  at  and  on 
the  extremity  of  the  grants  already  made  and  hereafter  to  be 
made  to  individuals  on  the  East  river,  called  South  street,  and 
on  the  Hudson  river,  called  West  street,  south  and  west  of  which 
no  buildings  of  any  description  are  to  be  permitted  to  be  erected." 

The  petitioners  further  state,  that  "  the  grants  of  their  prede- 
cessors are  deemed  to  be  of  unequal  extent  into  both  rivers,  con- 
sequently are  irregular  in  outline,  owing  to  the  absence,  at  the 
time,  of  any  general  map  which,  if  ever  made,  cannot  now  be 
found,"  and  to  the  sinuosities  of  the  shore  at  low  water  mark. 

The  petition  also  states  other  reasons  for  asking  additional 
privileges  to  enable  the  corporation  to  establish  these  streets. 

act  of  1798 

The  preamble  to  the  act  of  April  3d,  1798,  recites  most  of  the 
arguments  used  in  the  petition  by  the  common  council  in  favor 
of  the  confirmation  of  the  ordinance,  and  further  states,  "that 
regular  streets  or  wharfs  of  the  width  of  seventy  feet  should  be 
laid  out  and  completed  in  front  of  those  parts  of  said  city  which 
adjoin  the  East  river,  or  Sound,  and  to  the  North,  or  Hudson's 
river,  and  that  piers  should  be  extended  from  the  said  streets 
into  the  said  rivers  respectively,  at  convenient  distances  from 
each  other." 

By  the  1st  section  of  this  act,  "the  mayor,  aldermen  and  com- 
monalty are  authorized  to  lay  out,  according  to  such  plans  as 
they  shall  or  may  agree  upon  or  determine,  such  streets  or 
wharves  as  are  herein  before  mentioned,  in  front  of  those  parts 
of  said  city  which  adjoin  the  said  rivers,  and  of  such  extent  along 
those  rivers  respectively,  as  they  may  think  proper ;  and  as  the 
buildings  become  extended  along  the  rivers,  the  common  council 
are  authorized  to  extend  the  aforesaid  streets  and  wharves." 

The  5th  section  authorizes  the  mayor,  aldermen,  &c.  to  direct 
11  piers  to  be  sunk  and  completed  at  such  distances  and  in  such 
manner  as  they,  in  their  discretion,  shall  think  proper,  in  front 
of  said  streets  or  wharves  to  be  made  as  aforesaid." 

MAPS   AND  ORDINANCE  LINES  OF   1795   &   '6. 

The  line  along  the  East  river,  as  prescribed  by  the  ordinance 
of  1795,  was,  under  my  direction,  projected  on  the  shore  map  of 


20  [Senate 

Goerck  &  Tan  Steenbnrgh,  then  city  surveyors,  and  dated  1793. 
This  map  is  drawn  to  a  scale  of  66  feet  to  an  inch  ;  it  has  a 
length  of  about  13|  feet,  and  on  it  is  projected  (by  the  author) 
Water,  Front  and  South  streets  from  Whitehall  Slip  to  Corlear's 
Hook.  The  ordinance  line,  projected  as  first  above  stated,  is 
found  to  conform  with  remarkable  precision  to  the  outer  line  of 
South  street  as  laid  down  on  the  map,  from  Whitehall  slip  to 
Crane   wharf.     It  is  to  be   remembered   that   the  ordinance   of 

1795  provides  for  a  street  of  seventy  feet  width  outside,  while 
that  of  1796,  from  the  latter  point  forward,  is  silent  as  to  this 
street.  Therefore,  from  the  inner  side  of  South  street  at  Crane 
wharf,  the  line  of  1796  crosses  obliquely  to  the  outer  side  oppo- 
site Roosevelt  street,  the  point  at  which  the  line  of  1795  was  in 

1796  thrown  seventy  feet  further  into  the  river.  From  this  lat- 
ter point,  the  ordinance  line  of  1796  practically  coincides  with 
the  outer  line  of  South  street  as  projected  by  the  authors  on  said 
shore  map  in  1793,  to  near  Corlear's  street,  the  termination  of 
the  ordinance  on  the  East  river. 

These  ordinance  lines  are  found  to  coincide  with  equal  precision 
when  projected  along  West  and  South  streets,  as  laid  down  on 
Goerck  &  Mangin's  map  of  the  city,  made  by  authority  of  the 
common  council,  and  bearing  date  1803  ;  also,  on  a  map  of  the 
city  made  by  John  Handel,  Jr.  Esq.,  (commenced  in  1807,  though 
not  completed  and  filed  until  1811,)  under  the  direction  of  the 
commissioners  appointed  by  the  Legislature  to  lay  out  the  north 
part  of  the  city. 

Thus  we  have  three  maps  of  South,  and  two  of  West  street,  on 
which  these  streets  are  laid  down,  and  in  almost  precise  confor- 
mity with  the  lines  as  projected  on  said  maps  from  the  ordinances 
of  1795  and  '6.  Of  these,  one  bears  date  previous  to  the  ordi- 
nances ;  the  others  of  subsequent  date  are,  at  least  to  the  extent 
of  South  street,  evidently  copied  from  that  of  1793,  of  the  East 
river.  In  other  words,  South  street,  as  laid  down  on  the  city 
map  of  1803,  was  copied  from  the  shore  map  of  1793,  and  West 
street  was  either  taken  from  a  similar  shore  map  of  the  Hudson, 
which,  if  made,  cannot  now  be  found,  or  was  protracted  from  the 
ordinance  of  1796,  and  that  part  of  the  city  map  of  Mr.  Randel 
south  of  his  survey,  more  especially  South  and  West  streets,  as 
appears  more  than  probable  from  the  exact  coincidence  of  the 
lines,  was  copied  from  the  city  map  of  1803,  made  by  Goerck  & 
Mangin. 


No.  10.]  21 

SUBSTITUTION  OF  ORDINANCE  LINES  OF  1795   AND   1796   FOR  THE  FOUR 
HUNDRED  FEET  LINES  OF   1730. 

These  ordinances,  describing  outer  streets  as  laid  down  on  the 
above  named  maps,  being  co-extensive  as  to  length  with  the  grant 
of  four  hundred  feet  b}7  the  Montgomery  Charter,  are  regarded  as 
sufficient  evidence  of  a  plan  which,  if  not  intended  to  cover  all  the 
soil  under  water  to  which  the  city  was  then  entitled,  may,  with 
propriety,  be  considered  as  designed,  at  least,  to  include  all  the 
space  of  ground  or  soil  under  water,  that  the  expense  of  filling 
and  other  untoward  circumstances  would  justify,  and  probably 
all  that  was  then  supposed  the  convenience  of  commerce  in  front 
of  those  parts  of  the  city  would  ever  require. 

The  near  approach,  also,  of  these  ordinance  lines  to  those  by 
which  the  limits  of  the  city  are  defined  in  the  charter  of  1730, 
as  shown  by  a  comparison  of  the  two  lines,  drawn  as  correctly  as 
is  practicable,  on  a  map  of  the  city  by  John  Hills,  from  a  survey 
in  1782,  together  with  the  few  angles  or  general  directness  given 
by  them  to  these  outer  streets,  when  considered  in  connection 
with  the  fact  that  the  sides  of  the  streets  at  given  points,  are  in 
the  ordinances,  made  monuments  from  which  to  measure,  while 
no  practicable  means  are  given  in  the  charter  for  retracing  the 
four  hundred  feet  line  when  once  effaced ;  and  if  restored,  would 
first  necessarily  undergo  the  same  or  a  similar  process  to  render 
it  a  practicable  line,  furnish  evidence  of  an  intention  to  substi- 
tute the  latter  for  the  former  exterior  lines. 

In  no  other  case  have  ordinances  been  found  (if  ever  made) 
of  the  same  import  in  respect  to  difficulties  arising  from  sinuosi- 
ties of  the  low  water  line,  importance  of  straightening,  enuncia- 
tion of  a  plan,  &c,  so  nearly  corresponding  in  extent  with  the 
grant;  these,  without  further  evidences  of  design,  should  very 
much  strengthen,  if  not  altogether  confirm  the  conclusion,  that 
these  ordinances  were  then  intended  to  fix  permanent  exterior 
lines  that  would  embrace  an  average  of  the  width  of  space,  or  an 
extent  from  the  low  water  line  into  the  rivers,  about  equivalent 
to,  and  be  substituted  for,  those  authorized  by  the  charter. 

The  act  of  1798,  as  before  recited,  confirmed  these  ordinances.* 

*  July  1st,  1793,  the  committee  of  the  common  council  ordered  that  no  more  lots  be  granted 
north  of  Bestaver'a  Killetjie,  until  a  straight  line  be  drawn  to  designate  the  low  water  line. 


22  [Senate 

description  of  maps. 

J.  F.  Man  gin,  1804. — A  shore  map  of  the  Hudson  river,  now  on 
file  in  the  street  commissioner's  office,  dated  1804,  on  which  the 
three  front  streets  are  laid  down  from  Battery  place  to  Amos 
street,  or  eight  streets  north  of  the  termination  of  the  four  hun- 
dred feet  grant  of  1730,  has  been  examined  with  interest,  as  it  is 
the  first  regular  map  made,  and  now  to  be  found  of  these  streets, 
after  the  ordinance  of  1796.  It  is  entitled,  M  A  map  of  Green- 
wich, Washington  and  West  streets,  as  they  are  now  and  intended 
to  be,  with  the  shore  of  the  Hudson  river,  the  level  of  Greenwich 
street  and  the  sounding  of  the  river ;  surveyed,  New  York, 
Oct.  22d,  1804."  The  scale  is  two  inches  to  one  hundred  feet. 
(Signed,)  Joseph  F.  Mangin. 

The  filing  of  the  map  is  in  the  hand  writing  of  the  author,  and 
signed  "Joseph  F.  Mangin,  City  Surveyor." 

Commencing  at  Battery  place  with  the  projection  of  the  ordi- 
nance line  of  1796,  on  this  map,  the  starting  point,  three  hundred 
and  sixty  feet  from  Greenwich  street,  is  shown  to  be  about  five 
feet  outside,  or  west  of  the  west  line  of  West  street,  as  laid  down 
on  this  map,  and  proceeding  northerly  it  crosses  the  latter  line ; 
and  opposite  the  north  line  of  Courtlandt  street,  it  is  ten  and  a 
half  feet  east  of  the  west  line  of  West  street ;  at  the  north  side  of 
Dey  street  or  opposite  the  south  side  of  west  Washington  market 
it  is  thirteen  feet ;  and  at  Yesey  street,  opposite  the  noth  side  of 
the  market  grounds  it  is  seventeen  feet,  and  continuing  to  diverge 
it  strikes  a  point  at  Duane  street,  42  J  feet  east  of  the  west  line 
of  West  street ;  and  at  its  termination  opposite  a  point  one  hun- 
dred and  fifty  feet  north  of  Bestaver's  Killetjie,  it  is  ten  feet  west 
of  the  east  line  of  West  street,  thus  showing  the  projection  of  West 
street,  at  this  point,  to  be  sixty  feet  west  of  the  ordinance  line, 
as  authorized  by  the  act  of  1798. 

Although  the  streets  represented  on  this  map  may,  in  their 
position  be  relatively  correct,  yet  the  map  being  long  and  nar- 
row, also  owing  to  slight  inaccuracies  in  the  projection  of  the 
angles  intermediate  the  two  extremes,  it  cannot  be  relied  on  to 
show  a  correct  relative  position  of  the  ordinance  line  with  the  line 
of  West  street,  the  former  of  which,  if  laid  down  on  a  map  with 
correct  projections  at  the  angles,  would  be  more  nearly  in  con- 
formity with  the  west  side  of  West  street. 

Notwithstanding  the  act  of  1801  conferred  authority  only  to 
lay  out  streets  and  wharves  as  far  as  the  same  had  not  already 


No.  10.J  23 

been  done,  and  according  to  the  plan  agreed  upon,  the  com- 
mon council,  on  the  11th  of  July,  1808,  directed  by  ordinance 
that  West  street,  when  built,  be  made  straight  from  Harrison  to 
Courtlandt  street,  by  which  more  space  was  appropriated,  and 
West  street  between  these  points  was  thereby  to  be  located  fur- 
ther into  the  river  than  was  authorized  by  the  act  of  April  3d, 
1798,  locating  West  and  South  streets.  This  ordinance,  how- 
ever, is  deemed  to  have  been  confirmed  by  the  law  of  April  9th, 
1813. 

No  map  has  been  found  of  the  date  of  the  ordinance  show- 
ing a  corresponding  plan,  and  the  ordinance  does  not  appear  to 
have  been  carried  out  until  after  West  street  had  been  built  at 
the  points  named,  between  which  it  authorized  said  street  to  be 
straighthened. 

A  map,  however,  is  found  (being  the  one  referred  to  in  "  Hoff- 
man's Treatise  on  the  Corporation,"  as  being  without  name  or 
date,)  which,  by  a  careful  comparison,  proves  to  be  an  exact 
copy  of  Mangin's  map  of  1804,  from  Battery  place  to  the  north 
side  of  Vesey  street,  at  which  point  a  new  projection  of  West 
street  commences,  and  in  proceeding  north,  diverges  to  the  west 
until  its  east  side  opposite  Duane  street  is  21  \  feet  west  of  the 
ordinance  line  of  1796,  and  49  feet  west  of  the  east  side  of  West 
street,  as  laid  down  on  the  map  of  1804  ;  and  at  Harrison  street 
it  is  10  feet  west  of  said  ordinance  line,  and  47 \  feet  west  of  the 
east  side  of  West  street,  as  shown  on  the  same  map  of  1804.  This 
map  terminates  a  few  feet  north  of  Beach,  the  third  street  north 
of  Harrison  street. 

It  has  another  projection  of  West  street,  represented  by  col- 
ored lines,  which  also  commences  at  the  north  side  of  Yesey  street, 
and  deflecting  west  from  the  former,  it  is  extended  north  in  a 
straight  line  to  opposite  Duane  street,  where  its  east  side  is  55 \ 
feet  west  of  the  ordinance  line  of  1796,  and  81|  west  of  the  east 
line  of  West  street,  as  on  the  map  of  1804  ;  and  at  Harrison 
street  it  is  54 \  feet  west  of  said  ordinance  line,  and  91  \  feet 
west  of  the  east  side  of  West  street,  on  the  map  of  1804,  and 
28|  feet  west  of  West  street,  as  now  constructed,  thus  covering 
more  space  at  that  point  than  is  at  the  present  time  occupied  by 
the  street. 

There  are  other  colored  lines  on  this  map,  representing  the 
widening  of  Washington  street  from  Marketfield  street  (now 
Battery  place)  north  to  Read  street ;  also  others  by  which  an 


24  [Senate 

increase  is  given  to  the  space  between  Greenwich  and  Washing- 
ton streets,  along  the  north  side  of  Battery  place  of  23  feet,  or 
from  119  to  142  feet;  also  adding  10  feet  to  the  width  of  Wash- 
ington street,  thereby  increasing  it  from  50  to  a  width  of  60 
feet,  and  increasing  the  width  between  Washington  and  West 
streets  from  119  to  120  feet,  making  the  whole  distance  between 
Greenwich  and  West  streets,  as  shown  on  the  plan,  322  feet. 

While  the  colored  lines  showing  these  changes  from  Battery  place 
are  extended  on  Washington  street  north  to  Read  street,  those 
representing  West  street  terminate  a  few  feet  south  of  Courtlandt 
street,  outside  of,  and  about  eight  feet  distant  from  the  original 
black  lines  shown  on  the  plan  of  West  street  in  1804.  The  colored 
lines  commencing  at,  and  extending  north,  as  before  remarked, 
from  Vesey  street,  while  those  commencing  at  Battery  place 
terminate  back  at  Courtlandt,  may  be  regarded  as  an  indication 
that  the  plan  between  Courtlandt  and  Vesey  was  not,  at  that 
time,  settled,  and  that  these  lines  were  to  be  ultimately  extended 
and  connected  at  some  point  further  north,  whenever  the  build- 
ing of  the  street  or  other  circumstances  might  require  it. 

The  present  distance  between  Washington  and  Greenwich 
streets  as  ascertained  from  actual  measurement  is  143J  feet, 
showing  this  distance  to  have  been  extended  during  the  process 
of  erecting  the  buildings,  and  prior  to  the  act  of  1830,  one  and  one- 
half  feet  beyond  that  given  in  the  plan,  which  one  and  one-half  feet 
became  legalized  by  the  subsequent  act.  Washington  street  was 
subsequently  reduced,  (which  would  not  be  shown  on  this  plan,) 
to  a  width  of  50  feet,  and  120  feet  was  retained  between  Wash- 
ington and  West  streets.  By  these  modifications  the  space  be- 
tween Greenwich  and  West  streets  became  reduced  to  313J  feet. 

This  was  the  condition  and  plan  along  Battery  place,  as  shown 
by  this  map,  when  the  act  of  1830  authorized  West  street  to  be 
made  parallel  to  Washington,  and  the  distance  between  them  to 
be  180  feet,  by  which  West  street,  as  before  stated,  was  moved 
60  feet  further  into  the  river. 

The  sum  of  the  above  distances  is  373  J  feet  which  corresponds 
with  the  actual  distance  between  Greenwich  and  West  streets  as 
now  occupied ;  thus  showing  an  observance  of  that  degree  of 
care  in  construction  which  was  necessary  to  avoid  transcending 
the  limits  prescribed  by  the  act.  To  the  width  of  West  street, 
however,  which  was  not  built  at  this  point  until  1838  or  '9,  a 
few  feet  have  been  added  to  the  70  feet  along  that  portion  of  the 


No.  10.]  25 

street  forming  the  head  of  the  two  adjoining  slips  between  piers 
No.  1  and  3.* 

This  map  bears  evidence  of  having  had  a  title  and  date,  both 
of  which  have  long  since  been  removed.  If,  nevertheless,  it 
were  now  to  be  regarded  as  a  plan,  it  would  be  valuable  in 
showing  the  arrangements  of  streets  directly  at,  and  leading 
north  from  Battery  place,  at  the  time  the  distance  between 
Washington  and  West  streets  was  increased  to  180  feet,  and  in 
providing  sufficient  space  by  carrying  West  street  far  enough 
west  to  cover  present  occupation  between  Read  and  Hubert 
streets. 

The  probability  of  its  being  in  part  a  copy  of  that  of  Mangin's 
of  1804,  and  the  lines  of  that  part  of  West  street  which  com- 
mences at,  and  extends  north  from  Vesey  street,  being  drawn  in 
ink,  and  their  divergence  being  outward,  together  with  the  en- 
largement of  some  of  the  blocks ;  and  the  colored  lines,  so  far  as 
they  go,  carrying  West  street  still  further  west,  furnish  evidence 
of  its  being  of  later  date  than  that  of  1804. 

From  the-  best  information  obtained,  it  seems  probable  that  it 
was  made  as  late  as  1808,  and  if  by  reason  of  the  absence  of  a 
name  and  date,  it  cannot  now  be  considered  a  plan  in  the  sense 
contemplated  by  the  act  of  1801,  it  does  show  what  was  then 
intended,  and  so  far  agreed  upon,  as  would  seem  to  justify  the 
building  of  West  street,  in  accordance  with  it,  under  the  act  of 
1813,  and  if  of  subsequent  date,  under  the  act  of  1820,  authorize 
ing,  as  before  recited,  the  laying  out  as  far  as  the  same  has  not 
already  been  done,  and  according  to  the  plan  agreed  upon,  regu- 
lar streets  and  wharves  of  the  width  of  70  feet. 

The  act  being  silent  as  to  the  form  of  the  plan  agreed  upon, 
whether  it  be  represented  by  lines  drawn  on  a  map,  a  written 
ordinance,  or  an  agreement  verbally  expressed  by  the  mayor, 
aldermen  and  commonalty,  was  probably  not  regarded  as  material, 
or  it  would  seem  that  the  law  authorizing  these  improvements 
would,  in  these  respects,  have  specified  the  form  then  deemed  to 
be  necessary  to  constitute  a  plan. 

It  is  therefore  taken  for  granted  that  the  construction  of  West 
street  might  have  been  legally  proceeded  with  at  any  time  on 
this  plan,  after  the   passage  of  the  act  of  1813,  or  that  of  1820, 

•  Since  ascertained  to  be  pile  or  bridge  work,  and  not  solid  filling,  hence  no  encroachment. 


26  [Senate 

unless  some  other  ordinance  or  plan  of  later  date  may  have  been 
agreed  upon  in  whole  or  in  part,  if  such  plan  was  agreed  upon 
anterior  to  the  date  of  either  of  the  above  acts.  No  other 
plan  of  this  part  of  West  street  of  a  date  prior  to  these  acts  and 
subsequent  to  1808  has  been  found. 

If  we  except  the  ordinances  of  1795  and  1796,  it  would  seem 
that  comparatively  little  regard  was  had  to  form,  both  in  respect 
to  the  ordinances  and  plans  relating  to  streets,  and  in  the  care 
practiced  in  recording  them.  Maps  representing  the  plans  of  the 
common  council  for  improving  these  streets  at  that  early  period, 
were  not,  in  all  cases,  made,  and  when  made  were  not  always 
regularly  filed  ;  many  were  abstracted  from  the  office,  and  two  of 
the  books  of  records  of  ordinances  of  the  common  council,  embra- 
cing the  period  from  1809  to  1812,  have  for  a  long  time  been 
missing  from  the  street  commissioner's  office.  Hence  the  pro- 
priety of  waiving,  in  a  greater  degree  than  would  otherwise  be 
proper,  as  well  the  more  full  and  explicit  or  systematic  forms 
now  given  to  similar  papers,  or  those  of  more  modern  times,  as 
of  making  some  allowances  for  defective  system  in  the  records  of 
their  transactions,  and  in  the  preservation  of  the  same,  during 
the  earlier  periods  of  the  improvements  of  the  outer  portions  of 
the  city. 

Loss  Map  of  1807. — A  map  by  Charles  Loss,  then  city  sur- 
veyor, dated  1807,  on  which  Greenwich,  Washington  and  West 
streets  are  laid  down  from  and  including  Chamber  street  north, 
to  a  few  feet  north  of  Christopher  street,  shows  that  the  plan  of 
West  street  as  then  determined  for  this  distance,  embraces  the 
space  or  limits  now  occupied  as  nearly  as  is  believed  to  be  prac- 
ticable to  build  to  a  given  line,  except  between  Hubert  and  Canal 
streets,  where,  owing  to  the  east  side  of  the  street  being  built 
out  a  trifle  beyond,  or  west  of  the  limits  prescribed  by  the  plan, 
and  the  street  now  having  a  width  of  70  feet,  its  exterior  line 
is  beyond  the  proper  limits  fixed  by  said  plan  and  confirmed  by 
the  act  of  1813,  from  three  to  six  and  a  half  feet  for  a  distance 
of  1168  feet.  This  excess  being  south  of  Bestaver's  Killetjie,  and 
within  the  chartered  limits  of  400  feet,  also  within  the  bulkhead 
lines,  as  it  lies  outside  of  the  ordinance  line  of  1796,  and  all  other 
lines  established  by  subsequent  acts,  it  is  still  deemed  to  be  an 
encroachment. 

The  act  of  1828,  extending  West  street  from  its  then  termina- 
tion near  Christopher  street,  to  the  Great  Kiln  road,  recognizing 


No.  10.J  27 

as  it  did,  the  position  or  plan  of  West  street  as  it  then  was  at 
said  termination,  is,  in  addition  to  the  evidence  derived  from  a 
comparison  of  the  distance  or  space  as  at  present  occupied,  with 
that  provided  for  on  the  plan  represented  by  the  Loss  map,  re- 
garded as  sufficient,  legally,  to  establish  it,  as  now  built  at  that 
point ;  and  as  it  connects  at  its  northern  termination  with  an 
avenue  established  in  1811,  and  lies  between  these  points  so 
nearly  in  a  direct  line,  with  scarcely  an  appreciable  bend  (which 
is  to  the  east,)  it  is  believed  that  it  is  built  in  conformity  with 
the  act,  except  as  to  its  width,  which  exceeds  seventy  feet  for  a 
considerable  portion  of  the  distance.  Although  this  excess  of 
width  may  be  regarded  a  violation  of  the  act  establishing  the 
street,  it  being  still  within  the  400  feet  line  granted  by  the  State, 
and  north  of  Bestaver's  kill,  would  not  be  considered  an  encroach- 
ment upon  the  State  soil,  if  the  limits  of  fee  in  the  city  fixed  by 
the  act  of  1828,  were  not  regarded  as  being  substituted  for  and 
adopted  in  lieu  of  the  limits  of  fee  fixed  by  the  act  of  1807. 

New  Map. — The  new  map,  now  well  advanced,  embracing  that 
part  of  the  city  south  of  19th  street  on  the  Hudson,  and  34th 
street  on  the  East  river,  and  drawn  to  a  scale  of  279  feet  to  an 
inch,  has  thus  far  been  made  with  much  labor  and  care  ;  this,  at 
least,  to  the  extent  of  the  three  outer  streets  referred  to  in  the 
ordinances,  was  deemed  indispensable ;  it  not  only  being  impor- 
tant in  regard  to  the  relative  position  of  those  streets  from  which 
the  measurements  were  directed  to  be  made,  by  the  ordinances 
of  1795  and  '6  as  they  then  were,  and  West  and  South  streets  as 
they  are  now,  but  that  these  latter  streets  should  be  correctly 
located  with  reference  to  each  other — that  the  limits  of  present 
occupation  might  be  more  carefully  compared  with  those  autho- 
rized by  the  Montgomery  charter,  as  derived  from  the  water 
lines  laid  down  on  ancient  city  maps,  by  applying  the  scale  from 
Broadway,  a  street  common  to  them  all. 

In  the  absence  of  all  knowledge  of  the  particular  degree  of 
accuracy  of  the  several  city  maps,  those  deemed  to  be  most  per- 
fect, from  the  reputation  of  their  authors,  and  the  circumstances 
under  which  they  were  made,  were  selected,  and  accurately 
brought  to  the  same  scale  for  test.  Of  these,  that  made  by  John 
Randel,  Jr.  Esq.,  as  before  stated,  under  the  direction  of  commis- 
sioners appointed  by  the  Legislature,  to  lay  out  that  part  of  the 
city  north  of  Gansevoort  street  on  the  Hudson,  and  Houston 
street  on  the  East  river,  and  filed  in  the   office   of  the   Secre- 


28 


[* 


ENATE 


tary  of  State  in  1811,  and  that  of  the  Harbor  commissioners,  filed 
in  1857,  in  the  same  office,  and  made  under  the  direction  of  Prof. 
A.  D.  Bache,  and  by  others  employed  in  the  United  States  coast 
survey,  proved,  when  thus  carefully  compared,  to  coincide  more 
nearly  than  any  others.  Their  agreement  proved  satisfactory, 
except  at  those  portions  of  the  lower  part  of  the  city  not  sur- 
veyed by  either. 

A  shore  map  of  the  commissioners,  drawn  to  a  scale  of  80  feet 
to  an  inch,  shows  the  three  outer  streets,  as  laid  down  from  a 
triangulation,  the  base  lines  of  which  were  evidently  very  skill- 
fully established  by  Edmund  Blunt.  Esq.,  (an  engineer  long  at- 
tached to  the  department  of  the  United  States  coast  survey,  and 
embracing  the  city,)  was  then  used.  The  sheets  of  this  map 
being  in  folio  form,  were  removed  from  the  volume,  and  owing  to 
the  derangement  of  the  meridional  lines  produced  by  a  shrinkage 
of  the  paper,  were  with  much  labor  placed  in  their  proper  posi- 
tion on  the  floor  of  the  office,  where  they  occupied  an  irregular 
area  equivalent  to  about  thirteen  feet  square. 

An  amended  scale,  applicable  to  the  map  in  its  present  condi- 
tion, was  then  made  from  those  found  on  the  several  sheets,  and 
the  true  distances  between  the  lines  of  latitude  and  longitude, 
were  calculated. 

The  following  statement  of  the  length  of  the  sides  and  of  the 
diagonals,  as  measured,  of  a  right  angled  parallelogram  bounded 
by  the  lines  of  latitude  and  longitude,  as  determined  from  the 
amended  scale,  and  compared  with  the  calculated  or  true  lengths, 
shows  how  nearly  correct  the  map  was  laid  down,  and  how  closely 
the  measurments  were  taken  from  it  : 


■ 
eJ 

Sides. 

Diagonals. 

c* 

t3    t-*+» 

a>    ■     i 

"3  >>-e 

«   i    i 

E   . 

4* 
Cm    V 
O    » 

*S73 

i  the  groun 
ermined    b 
map.     Fee 

gth    on    th 
as     deter 
by  calcula 
Feet. 

o 

9 

n  the  groun 
ermined    b 
map.    Fee 

gth   on    th 
as    detei 
by  calcula 
Feet. 

■*» 

3 

A  -O  ." 

c 

.CT3.2 

8"2- 

bo  4> 

Mv   * 

«  £  -~  o 

,v 

fc0  TO     S 

«  £-5  o 

=  a 

g  a  «, 

s  m5'5 

*» 

g   *   <o 

a  mS'S 

m 

h5 

i-3 

H 

P 

A 

H 

« 

11.503 

11.504 

11, 146.. 1H7 
11,147.376 

11,146.300 
11,146.300 

0.107? 
1.076  S 

15,498.338 

15,496.664 

1.674 

11.112 
11.110 

10,767.528 
10,765.590 

10,766.000 
10,766.000 

1.528  \ 

0.410  S 

15,496.441 

15,496.664 

0.223 

Thus  showing  a  variation  in  the  length   of  the  lines  on  the 
ground,  as  ascertained  by  scaling  the  map.  of  less  than  two  feet 


No.  10.]  29 

from  the  true  calculated  lengths  in  the  distances  taken  of  over 
fifteen  thousand  feet.  Frequent  measures  of  the  map  were  made 
during  a  term  of  several  days,  which  resulted  in  a  trifle  greater 
variation,  owing  mainly  to  variations  in  the  map  produced  by 
changes  in  the  humidity  of  the  atmosphere,  and,  to  some  extent, 
to  slight  differences  in  the  observation  of  the  measurements  taken. 

Such  was  the  condition  of  the  map  when  its  transfer  to  the 
new  map  was  commenced,  which  was  also  subject  to  swelling  and 
shrinking,  as  the  weather  was  wet  or  dry.  These  changes  were 
carefully  noted  until  the  line  representing  the  inner  side  of  West 
and  South  streets  was  fully  laid  down,  which  was  done  by  scaling 
and  reducing  a  large  number  of  lines  measured  across  between 
the  opposite  angles  of  the  map  on  the  floor. 

The  space  between  these  outer  streets  when  thus  transferred 
to  the  new  map,  was  further  tested  by  a  measurement  taken  on 
the  ground  with  great  care,  across  the  city  through  Liberty 
street,  also  by  distances  obtained  from  the  city  surveyors,  as 
derived  from  actual  measurements  made  by  them  at  former  dif- 
ferent periods,  across  the  city  through  Fulton  and  Canal  streets. 

Although  the  new  map  is  still  on  the  board,  and  unfinished,  it 
is  sufficiently  advanced  to  admit  of  measurements  being  taken 
upon  it,  and  may,  if  desired,  in  its  present  condition,  at  any  time 
be  examined. 


SHORE  OF  THE  HUDSON  RIVER. 


Comparison  of  present  occupations  with  those  authorized  by  the 
several  acts,  maps,  ordinances,  fyc,  from  Battery  Place  to  Tenth 
Avenue. 

The  following  statement,  in  the  column  under  the  head  of 
"  figures,"  (the  result  of  actual  measurement  on  the  ground,)  fur- 
nishes a  general  view  of  the  true  relative  position  of  Greenwich 
and  West  streets  as  laid  down  on  the  maps  therein  named,  and 
the  means  of  comparing  the  position  of  West  street  as  it  now  is, 
with  the  same  as  represented  by  the  said  plans  of  the  common 
council,  as  shown  on  these  several  maps  :  all  of  which  maps  and 
plans  are  deemed  to  have  been  legalized  by  either  one  or  the 
other  of  the  acts  of  1^98,  1801,  1813  or  1820.  The  distance  of 
the  same  spaces  are  also  given  in  a  column  under  the  head  of 
"  scale,"  as  determined  by  the  use  of  the  scale,  to  show  the  de- 
gree of  accuracy  with  which  the  several  maps  were  drawn  : 


30  [Senate 

The  difference  in  the  distances  as  given,  which  should  gener- 
ally be  the  same  in  the  columns  under  the  head  of  "  scale"  and 
those  of  u  figures,"  is  in  some  degree  owing  to  the  indifferent 
execution  of  the  old  maps;  the  lines  being  in  some  instances 
large  and  carelessly  drawn,  correct  results  from  the  use  of  the 
scale  are  scarcely  obtained.  Also  the  jutting  of  some  blocks  as 
laid  down  on  some  of  the  old  maps  show,  in  some  cases,  irregu- 
larities in  the  east  line  of  West  street,  which  was  subsequently 
changed  by  slight  deviations  from  these  lines  in  construction. 
The  figures  in  the  columns,  under  the  head  of  "new  map,"  show 
present  occupation  west  of  Greenwich  street  as  measured  on  the 
ground,  and  as  accurately  scaled,  exclusive  of  the  sj^ace  occupied 
by  West  street. 

We  now  lay  down  the  ordinance  line  of  1796  on  the  new  map, 
allowing  West  street  at  all  the  points  crossed,  to  be  of  a  width 
precisely  seventy  feet. 

The  starting  point,  360  feet  westerly  from  Greenwich  street,  is 
13 h  feet  east  of  the  east  side  of  West  street;  proceeding  thence 
north  in  a  straight  line  to  Duane  street,  it  crosses  the  west  side 
of  West  street  opposite  the  south  side  of  Carlisle  street ;  opposite 
the  north  side  of  Cortland t  street  it  is  10  J  feet  west  of  the  west  line 
of  West  street.  At  the  south  side  of  West  Washington  market  it  is 
4  *  feet  west,  and  at  the  north  side  it  is  31  £  feet  east  of  the  west  line 
of  West  street.  It  crosses  the  west  side  of  West  street  opposite 
the  north  side  of  Dey  street,  and  the  east  side  at  the  northwest 
corner  of  Murray  street,  and  continues  on  the  east  side  of  West 
to  Duane  street,  where  it  is  about  41  feet  east  of  the  east  side  of 
West  street.  Thence  to  opposite  150  feet  north  of  Bestaver's  kill, 
(near  Charlton  street,)  it  crosses  the  east  line  of  West  street  at 
the  northwest  corner  of  Vestry,  recrosses  it  between  Spring  and 
Charlton  streets,  and  at  its  terminating  point  is  23J  feet  east  of 
the  east  side  of  West  street. 

West  street  was  built  from  Battery  Place  to  Rector  street  in. 
about  1838  or  '9  ;  across  the  foot  of  Cortlandt  street  in  1811  ; 
from  Cedar  to  Fulton  it  was  built  previous  to  1826,  and  from 
Fulton  to  Vesey  not  until  1829,  although  ordinances  were  made 
directing  it  to  be  built  from  Corlandt  to  Duane,  which  embraces 
Vesey,  in  1817,  and  again  in  1819  and  1820.  From  Harrison  to 
Beach  it  was  built  in  1821. 

At  Harrison  street,  it  appears  from  the  tabular  statement  in 
the  column  of  figures  under  the  head  of  "  Jjoss  map,'"  and  those 


No.  10.]  31 

opposite  in  the  column  under  the  head  of  "  new  map,"  that  the 
Loss  map  or  plan  of  1807  extends  2-^  feet  in  front  of  or  beyond 
the  space  and  limits  now  occupied  ;  showing,  that  although  West 
street  may  not  have  been  built  at  this  point  and  north  to  Beach 
street  until  1821,  the  plan  of  West  street  at  the  foot  of  Harri- 
son was  designed  as  early  as  1807,  and  established  by  the  act  of 
1813,  and  again  by  the  act  of  1820. 

Opposite  Cortlandt  street  the  ordinance  line  of  1796,  is,  as 
above  stated,  10J  feet  in  front  or  outside  of  the  west  line  of  West 
street,  which  was  built,  as  it  now  is  at  this  point,  in  1811,  but 
has  not  since  been  carried  out  as  far  by  10  J  feet  as  was  autho- 
rized by  the  act  of  1801,  which  permitted  its  construction  "  ac- 
cording to  the  plan  agreed  upon." 

By  now  drawing  the  ordinance  line  of  1808,  between  Harrison 
and  Cortlandt  streets,  from  points  seventy  feet  from  the  east  line 
of  West  street  as  now  built,  at  these  streets,  making  a  straight 
line  from  Harrison  to  Cortlandt  streets,  which  is  regarded  as 
fully  authorized  by  said  ordinance,  the  act  of  1813  and  1820, 
and  to  which  it  would  seem  regard  was  had  in  building  West 
street  between  these  points ;  it  is  found,  although  not  generally, 
to  clear  the  street  at  all  places  as  now  built,  yet  that  it  lies 
wholly  outside  of  the  line  representing  its  proper  width  of  sev- 
enty feet,  and  beyond  the  front  line  of  solid  filling  ;  the  places 
referred  to  outside  this  line  being  pile  or  timber  work,  cannot  be 
regarded  as  encroachments,  or  as  being  recognized  by  the  act  of 
1860,  directing  this  survey. 

As  already  stated,  the  Loss  map  of  1807,  constituting  the 
plan  confirmed  by  the  act  of  1813,  determines  the  exterior 
boundary  of  the  bulkhead  and  fee  in  the  soil,  from  Harrison 
to  Christopher  streets — a  portion  of  which  distance  has  an 
extreme  width  of  6|  feet,  and  an  extreme  length  of  1168 
feet  of  solid  filling  outside  of  the  legal  limits  or,  70  feet 
width  of  street,  though  within  the  four  hundred  feet  line, — and 
from  Christopher  street  to  Hammond  streets  the  outer  limits  is 
fixed  by  the  act  of  1828,  beyond  which  the  land  and  soil  filled  in 
and  reclaimed,  has  an  extreme  width  of  33  feet,  and  a  length  of 
958  feet,  also  within  the  four  hundred  feet  line. 

The  act  of  1837,  granting  the  13th  Avenue  from  Hammond 
street  to  135th  street,  with  the  fee  to  the  soil  under  water,  being, 
as  before  stated,  restricted  in  its  effect  to  the  limits  fixed  by  the 
law  of  1857,  establishing  the  bulkhead  line  one  hundred  feet  out- 


32  [Senate 

side  of  the  12th  Avenue;  it  is  presumed  from  the  recent  date  of 
the  net,  though  not  yet  ascertained  by  measurements,  that  north 
from  the  south  side  of  14th  street  (where  the  bulkhead  line  begins 
to  cut  off  the  appropriation  of  1837)  to  135th  street,  no  material 
encroachments  have,  as  yet,  been  made  beyond  the  bulkhead  line, 
to  which,  the  fee  being  already  in  the  city  by  the  act  of  1837,  it 
is  supposed  that  the  outer  street  may,  under  the  act  of  1857, 
at  any  time,  at  the  discretion  of  the  city  authorities,  with  pro- 
priety be  extended,  viz:  from  14th  to  135th  streets,  inclusive. 

From  the  south  side  of  Hammond  street  north  to  30  feet  north 
of  13th  street,  a  comparison  of  the  distances  as  measured  on  the 
ground,  from  West  street  out  to  the  outer  side  of  present  occu- 
pation, or  to  the  face  of  the  bulkhead  as  now  built,  with  the  dis- 
tances at  the  same  points,  as  given  on  the  map  by  George  B. 
Smith,  Esq.,  (referred  to  in  the  act  of  1837,  establishing  accord- 
ing to  said  map,  13th  Avenue  to  be  the  exterior  line  of  bulkhead 
from  Hammond  street  north  to  135th  street,)  the  former  dis- 
tances are  found  to  exceed  the  latter  in  some  cases  by  20  feet, 
showing  an  encroachment  beyond  the  limits  authorized  by  the  act, 
having  an  extreme  width  of  20   feet,  and  a  length  of  2,831  feet. 

Having  thus  shown  that  from  Battery  place  to  Carlisle  street 
present  occupation,  or  West  street,  as  now  built,  is  authorized 
by  the  act  of  1830,  and  that  from  this  latter  point  to  Cortlandt 
street  it  lies  considerably  within  the  ordinance  line  confirmed  by 
the  act  of  1798;  that  from  Cortlandt  to  Harrison  streets,  a  line 
drawn  seventy  feet  from  the  east  line  of  West  street  falls  within 
that  to  which  West  street  was  authorized  to  be  built  by  the  ordi- 
nance of  the  common  council  in  1808,  made  operative  by  the  act 
of  1813  ;  and  that  from  Harrison  to  Christopher  streets,  the 
space  covered  by  the  plan  as  represented  on  the  Loss  map  of 
1807,  very  well  corresponds  with  present  occupation,  abating 
the  trifling  excess,  before  alluded  to,  and  not  authorized  by  any 
act ;  which  excess,  as  already  stated,  comprises  a  distance  of 
1,168  feet,  with  an  extreme  width  of  G J  feet;  also  that  from 
Christopher  street  to  near  its  connection  with  the  10th  Avenue, 
West  street  was  built  in  accordance  with  the  act  of  1828, — except- 
ing excess  in  width  from  the  south  side  of  Pier  No.  51,  near 
Christopher  street,  to  Hammond  street,  a  distance  of  958  feet, 
with  an  extreme  width  of  33  feet, — and  from  Hammond  to  30 
feet  north  of  13th  street,  a  distance  of  2,831  feet,  the  bulkhead 
and  the  land  and  soil  filled  in  and  reclaimed,  extends  at  some  points 


No.  10.J  33 

twenty  feet  beyond  the  line  authorized  by  the  act  of  1837,  and 
that  no  encroachments  have  been  found  north  of  14th  street. 
It  only  remains  for  the  distance  thus  embraced,  to  ascertain  the 
area  of  the  solid  filling  contained  in  the  foregoing  several  pieces 
or  strips,  lying  outside  of  and  beyond  a  line  parallel  with  and 
seventy  feet  distant  from  the  legal  limits  of  the  east  line  of  West 
street,  south  from  Hammond  street ;  and  from  said  Hammond 
street  north,  outside  of  a  line  parallel  with  and  100  feet  at  right 
angles  from  the  east  line  of  13th  Avenue — 100  feet  being  the 
authorized  width  of  said  Avenue. 

SHORE  OF  THE  EAST  RIVER. 

From  Whitehall  slip,  a  short  distance  east  of  the  Battery,  to 
Corlear's  Hook,  no  law  has  been  enacted,  so  far  as  is  known, 
granting  any  new  outer  street  since  that  of  1798. 

The  ordinance  line  of  1795  and  '6,  (confirmed  by  this  act,)  as 
plotted  on  the  new  map,  commences  in  South  street,  4  J  feet  south 
from  its  inner  line  at  Whitehall,  thence  it  crosses,  and  at  Broad 
street  it  is  4  J  feet  north  of  said  inner  line;  it  precisely  intersects 
the  inner  line  of  South  street  at  the  corner  both  on  the  west  and 
east  side  of  Coenties  slip,  and  at  Crane  wharf,  the  next  angle,  and 
opposite  the  present  west  line  of  Beekman  street,  it  passes  25^th 
feet  inside  or  northerly  of  the  inner  line  of  South  street ;  proceed- 
ing east,  it  again  crosses  said  inner  line,  and  at  the  east  side  of 
Peck  slip  it  passes  41  feet  south,  and  intersects  the  south  or  outer 
line,  west  of  Roosevelt  street,  at  the  angle  on  the  westerly  line 
of  the  grant  to  Thomas  Barnes  extended,  and  at  James  slip  it  is 
about  193  feet,  and  at  the  outer  or  westerly  line  of  Montgomery 
street,  it  is  216  feet  south,  or  outside  of  South  street*  Here  Front 
street,  which  is  discontinued  at  Roosevelt  street,  again  com- 
mences with  another  tier  of  blocks,  lying  in  rear  of  South  street, 
and  makes  a  projection  of  the  latter  at  the  east  side  of  Mont- 
gomery street,  where  the  ordinance  line  passes  only  25 J  feet 
south  or  outside  of  the  south  bounds  of  present  occupation,  and 
terminates  at  the  east  side  of  Corlear's  street  40  feet  south  of  the 
inner  or  north  line  of  South  street,  which  being  built  to  a  width 
of  76  feet  shows  a  projection  beyond  the  southward  limit  at  this 
point  of  36  feet.  This  triangular  parcel,  however,  runs  to  a  point 
at  the  water's  edge  in  front  of  the  street  in  a  distance  of  928  feet. 

By  adding  the  seventy  feet  street  for  which  provision  is  made 


34  [Senate 

in  the  ordinance  of  1795,  from  Whitehall  east  to  the  second 
angular  point  at  the  west  range  of  the  grant  to  Thomas  Barnes, 
we  ascertain  from  the  foregoing,  and  from  a  calculation  of  the 
spaces  from  distances  measured  on  the  map,  that  from  Whitehall 
to  Coenties  slip,  a  distance  of  639  feet,  the  extreme  width  of  the 
space,  within,  and  of  that  without,  the  limit  fixed  by  the  ordinance, 
are  about  equal ;  and  as  South  street  as  now  built  has  less  than 
seventy  feet  average  width,  the  occupation  outside  of  the  seventy 
feet  line  is  scarcely  appreciable :  and  that  from  the  corner  at  the 
east  side  of  Coenties  slip  to  a  point  800  feet  south  of  the  afore- 
said angular  point,  a  distance  of  about  2,576  feet,  the  projection 
of  South  street,  or  as  now  built  out  beyond  or  outside  of  the 
ordinance  line,  the  authorized  limit  of  the  street,  forms  a  parcel 
of  the  above  length  with  an  extreme  width  at  Wall-street  ferry  of 
about  46  feet.  From  the  second  angular  point  before  alluded  toT 
to  the  east  side  of  Montgomery  street,  a  distance  of  about  4,120 
feet,  the  space  or  water  surface  outside  of  South  street,  within 
the  ordinance  line  and  not  occupied  except  by  piers,  has  an 
average  width  of  about  180  feet,  and  that  from  Montgomery 
street  to  the  east  side  of  Corlears  street,  the  termination  of  the 
line,  the  space  projecting  beyond  the  ordinance  line  and  occupied 
as  a  street,  has  a  length  as  before  stated  of  928  feet,  and  an 
extreme  width  of  36  feet. 

We  have  not,  as  yet,  ascertained  whether  the  projection  beyond 
the  ordinance  line  of  1795,  from  Coenties  slip  to  Crane  wharf, 
was  authorized,  except  so  far  as  the  ordinances  found  in  book  A, 
in  the  street  commssioner's  office,  may  be  regarded  as  a  plan, 
which  directed  South  street  to  be  built  from  the  east  line  of 
Peck  slip  to  J.  J.  Astor's  water  lot,  April  29th,  1805;  and  across 
Beekman  slip,  May  19th,  1806.  And  in  book  B,  folio  37,  an  order 
directing  South  street  to  be  built  from  Beekman  street  to  Steves 
wharf,  June  3d,  1811.  A  right  line  drawn  from  the  outer  side  of 
South  Btreet,  as  ikiv;  built  ;it  l>ookman  street,  to  the  outer  side 
of  the  seventy  feet  width  at  Coenties  slip,  would  nearly  clear 
all  encroachments,  and  whether  the  building  out  at  Beekman 
streel  was  carying  out  in  part,  a  plan  agreed  upon  previous  to 
1820  for  thus  building  this  Btreet,  I6  not  at  present  known. 
Other  ordinances  affecting  the  plan  of  South  street  between 
these  points  amy  have  been  contained  in  the  lost  hooks  which,  as 
before  stated,  embraced  the  period  from  1809  to  1812.  It  does 
not  appear  to  have  been  built  from  Pulton  street  to  Crane  wharf 


No.  10.]  35 

until  1817.    Further  examinations  of  the  records  relating  to  this 
part  of  the  street,  are  contemplated* 

GRANTS  TO  THE  LINES  OF  LOW  WATER  MARK. 

With  reference  to  a  more  practical  determination  of  the  extent 
to  which  the  low-water  lines  are  entitled  to  confidence,  as  laid  down 
on  the  map  of  that  portion  of  the  city  referred  to  in  the  Mont- 
gomery charter,  the  following  statement  of  the  grants  by  the 
city  to  individuals,  which  furnished  the  principal  means  employed 
in  their  development,  is  presented  :  Another  apology  for  alluding, 
so  much  in  detail  to  these  low  water  marks,  is  found  in  their 
furnishing,  when  correctly  located,  data  from  which  to  correct 
the  tabular  statement  hereafter  to  be  presented  of  the  number  of 
parcels  or  extent  of  encroachment,  that  may  have  resulted  from 
error  in  the  conclusions  arrived  at,  in  relation  to  the  areas, 
embraced  by  the  ordinance  lines  of  1795  and  '6,  having  been 
intended  to  be  substituted  for  the  areas  embraced  within  the 
400  feet  lines  of  the  Montgomery  charter. 

All  the  city  grants,  as  far  as  can  be  found  connected  with  the 
development  of  the  original  low- water  line,  have  been  examined, 
and  the  low-water  lines  and  points  therein  indicated,  have  been 
carefully  laid  down  on  a  copy  of  the  Harbor  Commissioners' 
border  map,  along  the  Hudson  and  East  rivers,  and  on  the  copy 
of  the  Goercke  border  map.  These  grants  were  generally  made 
from  given  streets  to  their  opposite  boundary  at  low  water,  and 
when  arranged  in  their  proper  position  on  the  map,  show  a 
continuous  though,  irregular  line,  which  represents  as  nearly  as  is 
practicable  from  the  grants,  the  original  line  of  low-water  mark. 

HUDSON    RIVER    FROM    CHAMBER    TO    VESEY    STREET. 

Between  Chamber  and  Yesey  streets,  there  is  less  certainty  as 
to  the  true  original  low-water  line  than  along  any  other  portion 
of  the  city  of  equal  extent,  owing  to  a  want  of  clearness  of 
expression  in  the  wording  of  the  grants,  and  to  different  grants 
of  adjacent  lots,  showing  unequal  distances  to  said  line  from  the 
same  point  and  street;  as  in  the  instance  opposite  and  northerly 
from  West  Washington  market,  where  a  grant  to  Columbia  Col- 
lege, dated  August  16th,  1770,  of  the  space  of  ground  then  lying 
in  front  of  the  high  water  line  between  Barclay  and  Murray 
streets,  a  distance  of  440  feet,  extending  in  the  direction  of  these 
streets,  into  the  river  200  feet  beyond  low-water  mark. 


36  [Senate 

The  grant  required  a  street  to  be  left  "forty  feet  wide  all 
along  high  water  mark,  and  called  First  street,  and  will  leave 
another  street  forty  feet  wide  at  the  distance  of  130  feet  from  the 
said  street  at  high  water  mark,  and  called  Second  street,  (at 
which  distance  low-water  mark  is  deemed,)  and  will  leave  another 
street  forty  feet  wide  at  the  outermost  part  of  200  feet  beyond 
low- water  mark." 

And  another  to  the  Rector  and  inhabitants  of  Trinity  Church, 
bearing  date  November  18th,  1773,  and  "  conveying  all  the  land 
fronting  three  of  the  lots,  containing  together  in  breadth  on  the 
Hudson  river  624  feet,  English  measure.  Beginning  from  the 
north  side  of  Vesey  street,  and  so  extending  from  thence  to  the 
land  and  soil  granted  to  the  Governors  of  the  College  adjoining 
to  a  street  called  Barclay  street,  and  from  the  north  side  thereof 
to  the  north  side  of  Chamber  street  to  low-water  mark  and  the 
soil  under  water  ;  from  thence  the  whole  breadth  thereof  200 
feet  into  the  river,  as  by  a  survey  hereunto  annexed,  reference 
being  had  thereto;  and  that  the  said  Rector  and  inhabitants  cov- 
enant that  they  will  leave  a  street  66  feet  in  breadth  all  along 
high  water  mark,  the  whole  breadth  of  the  said  ground  hereby 
granted,  which  said  street  is  to  be  called  Greenwich  or  1st  street, 
and  also  that  they  will  leave  another  street  40  feet  in  breadth, 
at  the  distance  of  160  feet  from  the  said  street  at  high  water 
mark,  to  be  called  2d  street,  (at  which  low  water  mark  is  deem- 
ed,) and  also  that  they  will  leave  another  street  at  40  feet  in 
breadth  at  the  outward  or  westernmost  part  of  the  200  feet  be- 
yond the  low  water  mark,  hereby  granted,  fronting  to  Hudson's 
river  aforesaid,  the  whole  breadth  of  the  aforesaid  water  lots, 
which  said  street  is  to  be  called  3d  street." 

The  low  water  line  as  adopted  and  laid  down  on  the  new  map, 
is,  in  the  case  of  both  grants,  taken  at  170  feet  from  the  east  side 
of  the  street  named,  or  96  feet  less  than  is  shown  on  the  map 
attached  to  the  Trinity  Church  grant* 

It  will  be  observed,  that  one  of  the  lots  contained  in  the 
Church  grant  lies  immediately  south,  and  the  other  two  north  of 
the  streets  adjoining  the  College  grant,  and  that  (he  former  was 
granted  over  three  years  later  than  the  latter.  The  survey  re- 
ferred to  was  made  by  Francis  Maerschalk,  and  his  map,  repre- 
senting 1st,  2d  and  3d  streets  from  Partition  street  (now  Ful- 
ton) to  Chambers,  embracing  a  distance  of  1598  feel,  is  attached 
to  the  grant.      The  words  "  low  water  line"  are  written  along  the 


No.  10.J  37 

lower  or  west  line  of  2d  street,  which  street  on  the  map  is  car- 
ried across  the  College  grants  upon  a  line- of  96  feet  further  west 
than  is  provided  for  in  said  College  grant.  Thus  showing  that 
the  low  water  line  as  established  over  three  years  by  the  grant 
of  1770,  for  a  distance  of  44Q  feet,  (the  width  of  the  College 
grant,)  was  by  another  grant  of  lots  adjoining  the  streets  lying 
next  above  and  below,  and  of  later  date,  arbitrarily  removed,  and 
fixed  96  feet  further  west,  and  established  in  a  direct  line  on  the 
lower  or  west  side  of  2d  street,  the  entire  distance  of  1598  feet, 
the  length  of  the  map. 

The  relative  position  on  the  ground,  of  the  40  feet  width  of  street 
required  to  be  left  along  the  high  water  line  by  the  College  grant, 
and  that  of  66  feet  in  width  required  to  be  left  in  the  Church  grant, 
also  the  relative  position  of  either  to  the  high  water  line,  can- 
not be  ascertained.  Hence  the  uncertainty  of  determining,  ex- 
cept from  these  grants,  the  true  distance  to  the  low  water  line. 

The  map  attached  to  the  grant  is  evidently  not  drawn  in  ac- 
cordance with  the  grant,  which  requires  the  streets  to  be  parallel. 
Although  2d  and  3d  are  parallel  with  each  other,  they  lie  very 
oblique  with  the  first ;  an  important  deviation  from  a  true  rep- 
resentation of  the  position  of  the  streets  as  required  by  the  terms 
of  the  grant.  This  deviation,  if  validity  were  to  be  given  to  the 
map,  would  carry  it  so  much  further  west ;  and  if  the  words 
"  low  water  mark,"  as  written  on  the  west  line,  should  be  taken 
as  fixing  it  there,  it  would,  in  addition  to  the  increased  distance 
due  to  deviation  from  its  proper  parallelism,  carry  it  96  feet  fur- 
ther west  than  authorized  by  a  true  construction  of  the  College 
grant. 

In  the  Trinity  Church  grant  is  first  found  the  name  of  Green- 
wich substituted  for  that  of  1st  street,  with  a  width  of  66  feet, 
both  of  which  have  since  been  retained  with  occasional  devia- 
tions of  a  few  feet  in  the  latter.  The  east  sides  of  these  streets 
conformed  to  each  other  south  to  the  south  side  of  Rector  street, 
where  1st  street  deflected  east,  while  Greenwich  continues  in  a 
direct  line  to  its  termination  at  Battery  Place,  where  its  east  line 
is  nine  feet  two  inches  west  of  the  old  west  line  of  1st  street.  It 
is  understood  that  1st,  2d  and  3d  streets,  now  covered  with  build- 
ings, and  other  streets,  were  only  projected  and  never  built  up. 
They  are  mentioned  in  all  the  early  grants  in  connection  with 
low  water  line  south  to  Battery  Place. 

It  is  not  known  that  there  are  any  other  grants  alluding  to  the 


38  [Senate 

low  water  line  north  of  between  Fulton  and  Dey  streets  ;  here  a 
grant  is  found  in  which  Greenwich  street,  with  a  width  of  66  feet, 
is  recognized  ;  the  lands  granted  lie  between  Fulton  and  Dey 
streets,  and  the  grant  clearly  fixes  the  distance  from  the  west 
side  of  Greenwich  to  low  water,  line  on  the  north  side  of  the 
grant  at  25,  and  at  the  south  side  at  35  feet. 

Proceeding  south,  the  next  parcel  of  grants  found,  consists  of 
four,  made  to  different  persons,  and  all  bearing  date  1699, 
excepting  one  to  P.  J.  Mesier,  which  is  dated  1701.  These  are 
among  the  earliest  made  to  low  water  on  the  Hudson  river.  They 
lie  between  Courtlandt  and  Cedar  streets  on  both  sides  of  Liberty, 
and  comprise  a  width  along  the  water  line  exclusive  of  Liberty 
street,  of  594§  feet.  The  descriptions  in  these  grants  are  uniform 
and  similar  to  those  of  Trinity  Church  and  the  Governors  of  the 
College,  in  respect  to  requiring  a  street  or  wharf  forty  feet  in 
width  to  be  left  along  the  low  water  line.  They  do  not  define  the 
particular  position  of  the  street  at  the  low  water  line,  but  give 
the  distance  between  high  and  low  water  at  93  feet;  the  former, 
or  high  water  being  understood  to  correspond  for  this  distance 
with  the  east  line  of  1st,  now  Greenwich  street. 

The  first  grant  next  south,  is  at  the  south  side  of  Albany  street, 
from  which  street  to  Battery  Place  all  the  grants,  twenty  in 
number,  and  conveying  the  entire  space  between  these  streets, 
were  compiled  on  a  map  by  Edwin  Smith,  Esq.,  city  surveyor, 
in  1836.  These  grants  are  all  bounded  on  the  east  side  of  1st 
street,  then  deemed  to  be  the  high  water  line,  and  have  various 
dates  from  1739  to  1785,  excepting  one  to  Charles  Sleigh,  who 
acquired  "title  previous  to  1729." 

The  descriptions  in  all  (except  that  to  Sleigh,)  are  of  the  same 
general  tenor,  and  the  following  extract  being  found  in  all, 
defines  the  low  water  line  this  entire  distance  more  clearly  than 
other  grants.  They  are  as  follows:  "Leaving  a  street  all 
along  high  water  mark  40  feet  wide,  and  also  at  the  distance  of 
];;n  feel  from  said  street  at  high  w&tet  mark  (at  which  distance 
low  water  mark  is  deemed,)  another  street  to  be  left  of  40  feet 
wide,  parallel  to  the  said  street  at  high  water  mark;  and  at  the 
extent  of  200 "feet  beyond  low  water  mark,  another  street  of  40 
feet  wide  to  be  left,  parallel  to  the  street  aforesaid  to  be  taken 
-nit  of  said  200  feet,"  (and  in  most  cases,)  "according  to  the  plan 
made  by  Mr.  Francis  Maerschalk." 

line  we  have  a  description  clearly  establishing  high  water  line 


No.  10.]  39 

to  be  at  the  east  side  of  2d  street,  and  170  feet  from  the  east 
side  of  said  1st  street,  which  street  is  conceded  by  the  city 
surveyors  to  have  been  122  feet  on  Battery  place  from  Broadway. 

Although  there  are  other  grants  extending  from  Broadway  to 
the  high  water  line,  the  difficulty  in  accurately  locating  them 
between  lines  so  divergent  as  those  of  Broadway  and  the  line  of 
high  water,  and  a  correct  location  owing  to  said  divergence  being 
so  essential,  renders  their  application  too  uncertain  to  derive 
from  them  any  reliable  result. 

From  Rector  street,  the  east  line  of  Greenwich  is  understood 
to  have  coincided  with  the  east  line  of  1st  street  as  far  north  as 
the  latter  was  projected,  and  that  2d  and  3d  streets  were  projec- 
ted throughout  parallel  thereto. 

In  the  College  grant,  between  Barclay  and  Murray  streets, 
the  east  side  of  1st  street  unquestionably  conformed  to  what  was 
then  taken  as  high  water  line,  and  the  widening  of  1st  street  to 
66  feet,  authorized  by  the  Trinity  Church  grant,  on  both  the 
south  and  the  north  sides  of  the  College  grant,  was  undoubtedly 
on  the  west  side  of  1st  street. 

Of  the  twenty  compiled  grants  between  Battery  place  and 
Albany  street,  seven  bear  date  the  same  year,  (1770)  as  that  of 
the  college  grant ;  and  as  these,  including  the  latter  grant,  fix 
the  high  Avater  line  at  the  east  side  of  1st  street,  and  all  grant 
200  feet  into  the  river  from  the  low  water  line,  and  being  similar 
in  description  as  to  "  leaving  a  street  all  along  highwater  mark," 
and  alike  naming  a  street  40  feet  in  width,  and  the  same  distance 
of  130  feet  between  them  ;  it  is  believed  that  all  are  entitled  to 
the  same  construction  as  to  which  side  of  2d  street  the  low  water 
line  was  intended  to  be  thereby  fixed,  or  assumed  to  be  ;  and  as 
in  the  case  of  the  compiled  grants  fixing  it  at  the  east  side  of  2d 
street,  there  appears  to  be  no  want  of  perspicuity  ;  it  is  believed 
that  both  the  college  and  church  grants  should,  in  this  respect, 
have  the  same  construction,  and  that  the  map  attached  to  the 
grant  to  Trinity  Church  of  1773,  arbitrarily  forcing  the  low  water 
line  further  into  the  river,  by  increasing  the  width  of  Greenwich 
street  26  feet,  (or  from  40  to  66  feet,)  and  the  distances  to  2d 
street  30  feet,  (or  from  130  to  160  feet,)  and  in  laying  down  2d 
street  on  said  map  oblique  with  Greenwich  street,  thereby  con- 
flicting with  the  grant;  and  moving  2d  street  so  much  further 
into  the  river,  and  then  designating  its  outer  or  west  side  as 
being  at  "low  water  mark,"  does  not  conform  to,  but  would  seem 


40  [Senate 

to  be  a  gross  violation  of  the  spirit  of  the  charter  of  1730,  grant- 
ing 400  feet  from  low  water  mark,  hence  the  propriety  in  connec- 
tion with  the  considerations  above  stated,  of  its  being  wholly 
disregarded  in  laying  down  the  low  water  line. 

Doubts  are,  therefore,  entertained  as  to  the  propriety  of  so  far 
recognizing  it  as  to  represent  on  the  shore  map  of  west  Washing- 
ington  market  the  distorted  and  unnatural  line  that  would,  by 
its  adoption,  be  made.  The  constructson  given  to  the  grants  as 
adopted,  and  laid  down  on  the  shore  map  at  west  Washington 
market,  very  nearly  conforms  to  the  line  as  shown  on  a  recent 
map  by  Edmund  Blunt,  Esq.,  a  gentleman  of  high  scientific  attain- 
ments, whose  calculations  were  based  on  the  boundary  line  of 
the  ward  as  laid  down  on  the  map  of  Lieut.  Ratzer,  in  1776-7, 
which  well  executed  map  purports  to  have  established  the  400 
feet  line,  in  pursuance  of  the  provisions  of  the  charter  of  1730, 
giving  boundaries  to  the  wards  of  the  city. 

GRANTS    ALONG    EAST    RIVER. 

The  grants  in  which  low  water  mark  is  referred  to  along  the 
East  river,  are  generally  more  uniform  and  explicit  in  their  descrip- 
tion, and  the  lots  they  conveyed,  when  plotted  on  the  map,  appear 
to  present  a  more  consistent  low  water  line. 

Commencing  at  Whitehall,  they  represent  the  low  water  line 
as  being  straight,  and  precisely  coinciding  with  the  inner  side  of 
Water  street  as  far  as  Moore  street.  From  Moore  to  Broad 
street,  the  outer  end  of  the  lots  form  a  right  line,  lying  a  few 
feet  within,  and  slightly  oblique  to  the  inner  side  of  Water  street ; 
thence  to  the  east  side  of  Coenties  slip  they  represent  low  water 
mark  as  entirely  corresponding  with  the  inner  line  of  Water 
street ;  from  this  latter  point  to  about  halfway  to  William  street, 
they  very  nearly  conform  to,  though  lie  slightly  within,  and 
again  become  common  from  thence  to  William  street ;  from  Wil- 
liam to  John  street  more  regard  in  bounding  the  lots  granted 
was  evidently  had  to  low  water  mark,  and  the  grantors  do  not 
Appear  to  have  arbitrarily  assumed  a  line  beyond  the  proper  lim- 
it as  that  of  low  water, except,  perhaps,  in  a  few  cases,  and  those 
for  short  distances. 

A  little  below  Wall  street,  a  rectangular  block,  projecting 
about  45  feet  beyond  the  lots  on  either  side  of  it,  interferes  with 
the  otherwise  greater  regularity  of  the  true  line. 

Again,  between    Wall  and   Pine   streets,    the   rectangular   lots 


No.  10.]  41 

project  more  in  some  cases  than  others,  presenting  an  irregular 
front,  while  along  the  remainder  of  the  distance,  which  is  much 
the  greater  portion,  the  ends  of  the  lots  very  well  conform  to 
curving  lines  lying  in  nearly  equal  portions  within  and  without 
the  inner  line  of  Water  street. 

At  the  east  side  of  Fulton  street,  an  abrupt  bend  towards  the 
river  occurs,  of  about  95  feet  in  a  distance  of  170  feet,  where  it 
reaches  the  north  line  of  Water  street,  the  continuation  of  which 
street  is  here  broken,  and  also  lies  nearer  the  river ;  it  then  con- 
tinues along  the  said  north  line  to  the  west  side  of  Peck  slip, 
where  said  low  water  line  falls  inside  of  Water  street ;  it  again 
crosses  to  the  outside  at  the  west  line  of  the  grant  to  Thos.  Barnes, 
and  again  reaches  said  outer  side  at  James  slip ;  thence  continues 
along  the  outer  side  of  Water  street  to  Catharine  street ;  thence 
along  near  the  center  to  Rutger's  street ;  it  thence  lies  along  near 
the  lower  side  of  Water  street  to  midway  between  Jefferson  and 
Clinton  streets  ;  it  then  curves  outward  to  near  the  centre  of 
South  street,  at  intermediate  Clinton  and  Montgomery  streets,  it 
again  curves  inward,  and  is  within  Front  street  at  Governeurs 
slip,  where  it  again  re-curves  and  terminates  on  the  outside  of 
Front  street,  about  1300  feet  west  of  Corlear's  Hook,  beyond 
which  the  low  water  line  has  not,  as  yet,  been  laid  down. 

With  the  exception  of  the  streets,  the  grants  thus  laid  down 
cover  the  entire  space  between  Whitehall  and  Governeur  slip. 
All  south  of  James  street  are  dated  prior  to  1730,  and  those  north 
of  that  street  are  of  various  subsequent  dates. 

The  following  extracts  from  the  grants  show  all  the  varieties 
of  description  of  the  boundaries  of  the  lots  granted,  along  the 
line  of  low  water  mark,  between  Whitehall  and  James  street : 

Grant  to  "  Cornelius  Jansen,"  dated  January  17th,  1686, 
"  being  butted  and  bounded  on  the  west  by  the  lot  of  Albert 
Beach ;  on  the  north  by  the  street ;  on  the  east  by  the  lot  of 
John  Hendricks  Bruyn  ;  and  on  the  south  by  the  wharf,  there  to 
be  builded,  containing  in  length  80  feet,  in  breadth  28  feet  and 
a  half,  all  English  measure.'' 

To  "Stephen  Van  Courtlandt,"  March  22d,  168G,  "  being  two 
lots  near  the  dock,  containing  in  length  80  feet,  and  in  breadth 
57  feet,  being  butted  and  bounded  to  the  east  by  the  land  of 
Albert  Beach  ;  to  the  south  to  the  wharf,  there  to  be  builded ; 


42  [Senate 

and  to  the  west  to  the  street  called  the  Prince  Graft ;  and  to  the 
north  to  the  street  called  the  Strand." 

To  "Derick  Vanden  Burgh,  1692,  beginning  near  the  street  or 
place  called  Smith's  Fly,  containing  in  length,  easterly  120 
feet,  or  to  low  water  mark,  in  breadth,  southerly,  87  feet,  in 
length,  westerly,  138  feet,  and  in  breadth,  northerly,  87  feet, 
all  English  measure,  by  sworn  city  surveyors.  Being  bound- 
ed easterly  by  Stephanus  Yan  Courtlandt ;  southerly  by  the 
harbor  or  river,  at  low  water  mark ;  westerly  by  William  Mor- 
ris ;  and  northerly  by  the  street  or  highway." 

"  To  George  Heathcott,  1695,  lying  in  or  near  the  street  or  place 
known  by  the  name  of  Smith's  Fly,  and  now  called  Queen  street, 
containing  in  length  on  the  southwest  side  46  feet,  or  to  low 
water  mark,  and  on  the  northeast  side  53  feet,  or  to  low  water 
mark,  and  in  breadth  46  feet,  all  English  measure ;  bounded 
southwest  by  the  slaughter  house,  now  or  late  of  Garret  Jansen 
Rosse ;  northeast  by  the  lands  of  William  Baker ;  northwest  by 
the  ground  of  said  George  Heathcott ;  and  southeast  by  the 
river  or  harbor." 

Grant  to  "  Capt,  Brandt  Schuyler,  September  7th,  1692,  begin- 
ning in  or  near  the  street  or  place  called  Smith's  Fly,  containing 
in  length,  easterly,  220  feet  or  to  low  water  mark ;  in  breadth, 
southerly,  95  feet,  and  in  length,  westerly,  226,  or  to  low  water 
mark ;  and  in  breadth,  northerly,  95  feet,  English  measure ; 
being  t  bounded  easterly  by  Thomas  Clarke  ;  southerly  by  the 
harbor  or  river,  at  low  water  ;  northwesterly  by  Richard  Jones ; 
and  northerly  by  street  or  highway." 

Book  D,  of  1784,  page  548,  contains  a  grant  from  which  the 
following  is  an  extract:  MDid  grant  in  1722,  to  P.  G.  Depuyster, 
and  six  others,  a  certain  lot  of  ground  lying  under  the  water  in 
East  river,  described  as  follows:  All  that  lot  lying  under  water 
from  the  present  wharfs  or  low  water,  betwixt  the  corner  of  the 
slip  that  leads  from  Wall,  called  Clark's  corner,  and  the  outer- 
most corner  of  Rip  Van  Dam,  which  joins  to  the  slip  that  leads 
from  Maiden  Lane;  beginning  at  the  Bouth-eastermost  of  Rip 
Van  Dam,  which  joins  the  slip  that  leads  from  lower  end  of 
Maiden  Lane,  and  runs  thence  into  the  river  200  feet  S.,  39  deg. 
E. ;  thence  S.  58  deg.  W.,  439  feet;  thence  N.  41$  deg.  W.,  being 
the  corner  of  the  lower  end  of  Wall  street,  200  feet  to  the  corner 
of  the  wharf  at  the  end  of  Wall  street,  called  Clark's  corner  ; 
thence  along   the   wharf  N.   57  J  deg.  E.,  45 J  feet  to   the  place, 


No.  10.]  43 

whence  it  began  Burnett's  Key  on  the  front ;   a  street  to  be  left 
between  them  26  feet  wide,  called  Depuyster  street." 

The  foregoing  embrace  the  different  forms  of  description  con- 
tained in  the  several  grants,  from  which  may  be  understood  the 
facilities  they  furnish  for  laying  down  the  low  water  line. 

The  grants  of  1686  and  1687,  from  Whitehall  to  Moore  street, 
describe  lots  108  feet  in  depth.  Thence  to  Coenties  slip  they  are 
80  feet  in  depth.  From  this  latter  point  to  William  street,  they 
have  a  depth  of  95  feet,  to  all  of  which  on  the  outer  line  are 
given  a  uniform  boundary,  "  by  the  wharf  there  to  be  birilded  ;  " 
and  that  from  Moore  street  to  Coenties  slip,  a  strip  of  25  feet 
was  added  by  the  grants  of  1693,  along  the  front  of  the  dock 
directed  to  be  built  by  the  former  grants  :  and  from  1697  to  1700, 
a  like  strip  was  conveyed,  varying  in  width  from  31  to  47J  feet 
in  front  of  the  dock,  denoted  by  the  grants  of  1686-7. 

From  Coenties  to  Old  slip,  although  it  is  probable  that  the 
original  low  water  line,  was  a  little  within,  or  immediately  in 
front  of  the  first  tier  of  lots,  it  is  taken  as  having  been  in 
front  of  the  strips  last  described,  and  will  be  so  laid  down  on  the 
new  map ;  and  in  all  other  cases,  only  the  lines  clearly  described 
as  low  water  mark  in  the  grants,  are  adopted;  thereby  giving  to 
the  city  the  benefit  of  whatever  encroachments  there  may  have 
been  made  in  granting  rectangular  lots  to  low  water  mark,  in  the 
absence  of  any  properly  established  line  defining,  for  any  given 
distance  low  water  mark  under  the  Dongan  charter.* 

Parallel  with  the  low  water  lines  as  now  thus  laid  down  on  the 
shore  maps  of  both  rivers,  there  is  drawn,  in  accordance  with 
the  charter  of  1730,  another,  400  feet  outside,  and  distinguished 
on  the  map  as  the  charter  line.  The  ordinance  lines  of  1795-6 
being  also  projected  on  the  same  maps,  their  relative  position 
is  shown,  and  admitting  the  latter  to  embrace  the  authorized 
street  of  70  feet  wide,  may  be  thus  generally  described  : 

Commencing  at  Whitehall  and  proceeding  east,  the  charter 
line  is  about  123  feet  north  of  the  ordinance  line.  At  Coenties 
slip  it  is  136  feet,  and  at  Wall  street  it  is  about  125  feet  within, 
and  continues  from  50  to  20  feet  within  said  ordinance  line  to  a 
point  110  feet  east  of  Clinton  street,  where  the  charter  line  passes 
outside,  and  thence  continues  considerably  outside  to  near  Cor 
lear's  Hook,  or  as  far  as  projected. 

On  the  Hudson  river  side,  at  Battery  place,  the  charter  line  is 
about  92  feet   outside  of  the  ordinance  line  of  1796;  proceeding 

*  See  page  47  for  tabuUr  statement  of  datea  of  grants. 


44 


[Senate 


thence  north,  the  former  crosses  the  latter  at  Albany  street ;  be- 
tween Liberty  and  Courtlandt  the  charter  line  is  about  105  feet  in- 
side, and  at  Fulton  street  it  is  40  feet  inside  ;  it  recrosses  between 
Vesey  and  Barclay,  and  opposite  Harrison  it  is  about  440  feet ; 
at  Desbrosses  street,  about  120  feet,  and  at  Charlton,  220  feet 
outside  of  the  ordinance  line. 

COMPARISON    OF    THE    AREAS    EMBRACED    BETWEEN    THE    ORDINANCE 
LINE    OF    1798,    AND    THE    400    FEET    LINE    OF    1730. 

The  areas  between  these  two  lines,  or  inside  and  outside  of  the 
ordinance  lines,  have  been  calculated  from  distances  measured 
on  the  map,  from  which  the  following  general  results  appear  : 


EAST  RIVER. 

HUDSON  RIVER. 

Between  the  ordinance 
and    charter    lines, 
inside  the  ordinance 
line. 

Acres. 

Between  the  ordinance 
and    charter    lines, 
outside  the  ordinance 
line. 

Acrea. 

Between  the  ordinance 
and    charter    lines, 
inside  the  ordinance- 
line. 

Acres. 

Between  the  ordinance 
and     charter     lines, 
outside  the  ordinance 
line. 

Acres. 

18 

Q  52 
°10<J. 

O  50 
^100 

ZO100 

Thus  showing  that  along  the  East  river  the  ordi 
dinance  line  of  1795-6  embraced  an  area  greater 
than  that  of  the  line  400  feet  from  low  water 
mark,  as  authorized  by  the  charter  of  1730,  by       9T40^  acrea. 

And  that  along  the  Hudson  river  the  ordinance 
line  embraced  an  area  less  than  that  of  the  char- 
ter of  1730,  by _ 20^-  acres. 

Or  on  both  rivers,  the  area  embraced  by  the  ordi- 
nance line  was  less  than  that  included  within 
the  400  feet  line,  by _ 11^  acres. 

The  total  area  on  both  rivers  covered  by  the  400 
feet  line,  as  stated  in  the  Montgomery  charter, 
was _ 209-^  acres, 

or  thereabouts ;  and  the  area  covered  by  the  ordi- 
nance line  on  both  rivers,  ascertained  as  before 
stated,  is 198^  acres. 


MAPS   PRESENTED. 


Herewith  are  presented  maps  of  the  solid  filling,  of  West  Wash- 
ington market,  at  the  foot  of  Hubert   and  Watts  streets  and  at 


No.  10.]  45 

Tompkins  street ;  a  copy  of  the  Harbor  commissioners'  border 
map,  both  of  the  Hudson  and  East  rivers  south  of  Charlton  and 
Grand  streets,  each  a  single  sheet ;  on  which  is  laid  down  the  ori- 
ginal low  water  line,  as  shown  by  the  original  shore  grants  being 
plotted  thereon,  the  400  feet  line  of  1730,  and  the  ordinance 
lines  of  1795-6  and  1808.  Also  a  copy  of  the  shore  map  of  the  East 
river,  dated  1793,  by  Goercke  &  Yan  Steenbergh  city  surveyors, 
on  which  is  also  compiled  all  of  the  original  low  water  grants 
from  Whitehall  to  near  Corlear's  Hook; ;  a  copy  of  the  shore 
map  of  the  Hudson  river,  dated  1804  by  Joseph  F.  Mangin,  city 
surveyor,  from  Battery  Place  north  to  Amos  street ;  a  copy  of 
a  shore  map  from  Battery  Place  to  Beach  street,  without  name  or 
date,  showing  alterations  in  the  plan  of  West  street ;  a  copy  of 
a  shore  map  dated  1807,  by  Charles  Loss,  city  surveyor,  extend- 
ing from  Chamber  to  King  streets,  together  with  a  copy  of  a 
map  of  the  city  in  1782,  showing  the  relative  position  of  the 
ordinance  lines  of  1795-6,  and  the  400  feet  line  of  the  Montgo- 
mery charter ;  also  a  copy  of  Lieut.  Ratzen's  map  of  the  city, 
dated  1767,  showing  the  boundaries  of  wards  in  accordance  with 
the  charter  of  1730. 

There  are  copies  of  other  ancient  maps  in  the  office,  to  which 
a  reference  might  be  interesting  ;  also  of  those  of  recent  date  by 
Edmund  Blunt  and  Edwin  Smith,  Esqrs.,  of  the  West  Washing- 
ton market,  and  of  Daniel  Ewen,  Esq.,  of  the  encroachments  at 
Tompkins  street,  and  of  the  Battery,  &c. 

ENCROACHMENTS  AS  MEASURED,  PURSUANT  TO  A  RESOLUTION  OF  THE 
COMMISSIONERS  OF  THE  LAND  OFFICE,  UNDER  DATE  OF  NOVEMBER 
9TH,    1860. 

Of  the  parcels  of  solid  filling  found  outside  of  the  boundary  of 
the  city  in  fee  along  West  street,  those  of  the  West  Washington 
market,  opposite  the  foot  of  Hubert  street,  and  Watts  street  in 
the  Hudson  river,  and  that  outside  of  Tompkins  street  from  be- 
tween 13th  and  14th  streets  to  opposite  the  center  of  17th  street 
on  the  East  river,  have  been  measured,  and  the  superficial  con- 
tents carefully  computed,  in  compliance  with  the  terms  of  a  reso- 
lution of  the  Commissioners  of  the  Land  Office,  requiring  the  sur- 
vey of  the  above  named  parcels  "  to  be  made  and  completed  at 
the  earliest  practicable  moment,  and  without  delaying  the  same 
for  the  completion  of  the  surveys  of  the  residue  of  the  lands  about 
the  city  of  New  York."  r 


46  [Senate 

The  following  statement,  showing  the  whole  area  of  each  of  the 
above  named  parcels  in  square  feet — the  area  exclusive  of  pro- 
jected streets,  and  the  number  of  lots  that  would  be  practicable 
to  lay  out  on  the  solid  filling  of  West  Washington  market,  and 
the  parcel  outside  of  Tompkins  street, — is  presented. 

Total  area  in  Area  exclusive  No.  of  lots  of 

Where  located.  square  feet.  of  streets.       25  by  100  ft. 

West  Washington  market, 208,036  126,713  50.60 

Opposite  Hubert  street, 32,744             13.10 

Watts  street, 16,692             6.67 

Tompkins  street, 290,204  161,534  64.61 

There  are  three  piers  extending  into  the  river  from  the  west 
side  of  West  Washington  market ;  also  a  single  pier  leading  from 
West  street  to  the  blocks  of  solid  filling  opposite  Hubert  and 
Watts  streets ;  these  latter  piers  have  the  ordinary  width ;  and 
the  solid  portions  only  are  included  in  the  statement  of  areas 
above  given. 

With  the  exception  of  the  excess  in  the  width  of  the  outer 
streets,  at  the  ferry  landings,  and  at  some  other  places  for  longer 
distances,  and  perhaps  the  ends  of  some  projecting  piers,  the  four 
pieces  measured  embrace  all  the  encroachments  along  the  Hudson 
and  East  rivers  south  of  17th  street,  and  north  of  the  Battery. 

There  is  understood  to  be  quite  a  large  encroachment  on  the 
East  river  north  of  17th  street,  and  now  in  process  of  being  still 
further  enlarged  by  filling,  &c,  and  another  of  several  acres  (by 
accretion)  opposite  Hell  Gate,  variously  estimated  at  from^twenty 
to  thirty  acres,  and  of  less  amounts  in  a  few  other  places,  none 
of  which  have  as  yet  been  surveyed. 

The  ordinance  lines  being  now  correctly  located,  which,  toge- 
ther with  the  several  legislative  acts  granting  territory,  are  re- 
garded as  now  more  clearly  defining  the  limits  of  the  city,  the 
labor  of  ascertaining  the  area  of  filling  outside  of  said  limits  will 
hereafter  be  small,  so  far  as  the  ordinance  lines  extend,  and  to 
the  northward  of  their  termination,  as  the  streets  are  duly  laid 
out,  and  whether  built  up  or  otherwise,  will  furnish  monuments 
from  which  to  measure  in  determining  the  boundary  line,  the 
extent  and  area  of  the  remaining  encroachments  may  more  rea- 
dily be  ascertained. 

Respectfully  submitted. 

ORVILLE  W.  CHILDS, 

Chief  Engineer,  #'C. 


No.  10.] 


47 


The  following  Tabular  Statement  shows  the  several  dates,  or  periods, 
within  which  the  several  grants  were  issued,  designating  the  high 
and  low  water  lines  from  place  to  place,  along  the  Hudson  and 
East  rivers,  and  of  the  maps  used  in  developing  said  high  and 
low  water  lines,  fyc,  as  prepared  by  S.  H.  Sweet,  Esq.,  principal 
assistant. 

Hudson  River. 


High  and  low  water. 


High  water 

Low  water 

High  water 

Low  water 

High  and  low  water 
do  do 

do  do 

do  do 

do  do 

High  water 

Low  water 

High  and  low  water 


From  Battery  place  to  Albany  street,  in 

From  41bany  street  to  Dey  street,  in 

From  Dey  street  to  Vesey  street,  in 

From  Vesey  street  to  Chamber  street,  in 

From  Chamber  street  to  Hubert  street,  in 

From  Hubert  street  to  Canal  street,  in 

From  Canal  street  to  Charlton  street,  in 

From  Charlton  street  to  Christopher  street,  in 

From  Christopher  street  to  Jane  street,  in 

From  Jane  street  to  Seventeenth  street,  in 

East  River. 

From  White  Hall  to  Coenties  slip,  in 

do  do  do  

From  Coenties  slip  to  CKd  slip,  in 

do  do  do        

From  Old  slip  to  Wall  street,  in 

From  Wall  street  to  King  street,  in 

From  King  street  to  Fulton   (then  Beekman  slip),  in. 

From  Fulton  slip  to  Dover  street,  in 

From  Dover  street  to  Catharine  st.  (from  old  maps),  in 
From  Catharine  street  to  Rutgers  slip  (Grant's),  in.. 

do                        do                         do 
From  Rutgers  slip  to  Corlaers  street,  in 


Periods  within 

which  grants  are 

dated. 

1739  to  1772 

1699 

1743 

1770  to  1773 

1804  to  1807 

1804  to  1814 

1804  to  1807 

1807  to  1818 

1821  to  1828 

1827  to  1831 

1686 

1692 

1687 

1697 

1694  to  1699 

1686  to  1695 

1692 

1702  to  1719 

1754 

1755  to  1772 

1772 

18U6  to  1814 

REPORT 

OF 

Hon.  VAN  R.  RICHMOND,  State  Engineer  and  Surveyor, 

TO    THE 

COMMISSIONERS  OF  THE  LAND  OFFICE, 

Transmitting  the  second  report  of  0.  W.  Childs,  Esq.,  Chief  Engi- 
nes of  the  Surveys  in  the  City  of  New  York,  directed  by  the  act, 
chap.  516,  Laws  of 1860. 


Office  of  the  State  Engineer  and  Surveyor,  ) 
Albany,  October  20,  1861.  ) 

To  the  Honorable  the  Commissioners  of  the  Land  Office  : 

Gentlemen  :  I  herewith  present  the  concluding  report  of  0. 
W.  Childs,  Esq.,  of  the  survey  directed  by  the  act  relating  to 
the  lands  filled  in  and  reclaimed  outside  of,  and  adjoining  the 
boundary  line  of  fee  in  the  city  of  New  York. 

It  appears  from  the  report  that  there  are,  exclusive  of  the  four 
parcels  reported  in  January  last,  ten  parcels  lying  outside  of  the 
authorized  limits  of  occupation ;  of  these,  six,  distinguished  iu 
the  report  by  the  letters  E,  F,  Gr,  on  the  Hudson  river,  and  H,  I, 
K,  on  the  East  river,  are  long  and  narrow  strips  forming  a  part 
of  the  exterior  portion  of  the  outer  streets  of  the  city ;  which 
strips,  would  be  of  comparatively  little  value,  for  purposes  other 
than  that  for  which  they  are  now  occupied ;  some  cases  being  an 
excess  in  width  of  street  beyond  the  proper  or  legal  width  of 
seventy  feet,  and  others,  with  only  the  legal  width  of  street,  are 
still  beyond  the  proper  bounds,  by  reason  of  a  portion  of  .the 
inner  side  of  the  street  being  occupied  by  buildings. 

Two  of  the  ten  parcels  (J  and  L)  lie  outside  of,  and  adjoining 
Tompkins  street,  and  are  of  suitable  form  and  dimensions  for  the 
laying  out  of  streets  and  lots,  and  for  occupation  by  individuals. 

Parcel  M,  forms  part  of  and  extends  nearly  the  entire  length 


50  [Senate 

of  the  front  of  the  Atlantic  dock,  on  the  Brooklyn  shore,  and  is 
most  valuable  for  use  as  at  present  occupied.  The  remaining 
parcel  N,  also  lies  on  the  Brooklyn  shore,  east  of  Cob  dock,  and 
is  now  mainly  occupied  by  buildings. 

The  extreme  dimensions  and  true  area  of  these  several  par- 
cels, together  with  those  hitherto  reported  and  since  sold  pur- 
suant to  law,  are  given  in  the  present  report ;  which  shows  that 
the  area  contained  in  the  four  parcels  sold  amounts  in  the  aggre- 
gate to  418.456  square  feet,  or  9^^  acres,  equivalent  to  167T% 
lots  25  by  100  feet,  and  that  the  area  contained  in  the  ten  par- 
cels remaining  unsold  amounts  in  the  aggregate  to  567,536  square 
feet,  or  13^0\  acres,  equivalent  to  227^0-  lots  25  by  100  feet — or 
the  total  sold  and  unsold  amounts  to  985,992  square  feet,  or 
22T6^  acres,  equivalent  to  3Mj\%  lots,  25  by  100  feet. 

It  may  be  proper  to  state  that  parcels  E,  F,  H,  and  I,  have 
been  built,  held,  and  occupied  by  the  corporation  as  streets  more 
than  twenty  years,  consequently  the  fee,  may  by  the  statute  of 
limitation  have  reverted.  The  law,  however,  directing  this  survey, 
requires  that  all  of  the  space  of  ground  and  soil  of  the  Hudson  and 
East  rivers,  which  has  already  in  whole  or  in  part  been  filled  in 
and  reclaimed,  and  which  lies  outside  of  and  adjoining  the  grants 
made  to  the  city  of  New  York,  under  the  Montgomery  charter, 
granted  to  said  city  on  the  15th'day  of  January,  1730,  or  by  any 
other  charter  or  grant  to  the  said  city  from  the  State,  be  sur- 
veyed, and  a  return  thereof  be  made  to  the  Commissioners  of  the 
Land  Office.  It  will  be  observed  that  the  act  makes  no  distinc- 
tion as  to  the  time  of  building  out,  or  of  filling  in  and  reclaim- 
ing, or  to  the  period  of  occupation,  or  to  any  condition  other  than 
to  the  grants  fixing  the  limits  to  which  permanent  occupation  by 
solid  filling  might  be  extended;  the  survey  and  report,  to  the 
extent  made,  which  embraces  all  of  the  solid  filling  outside  of  and 
adjoining  the  limits  fixed  bylaw,  is  therefore  regarded  as  impera- 
tive. 

Notwithstanding  the  officers  of  the  corporation  of  the  city 
have  expressed  no  desire  to  negotiate  further,  for  any  lots  remain- 
ing to  be  disposed  of,  I  would  recommend  that  a  committee  be 
appointed  with  instructions  to  re-open  the  negotiation  with  the 
city,  for  all  of  the  parcels  remaining  unsold,  and  more  especially 
for  the  six  strips  before  alluded  to,  and,  if  without  success,  that 
the  whole  be  advertised  and  sold  pursuant  to  law. 


No.  10.]  51 

It  will  be  understood  from  the  report,  and  from  an  examina- 
tion of  the  neatly  executed  maps  to  be  placed  on  file  in  the  office 
of  the  Secretary  of  State,  that  the  requisitions  of  the  Act  have 
involved  much  labor  and  research,  which  it  is  but  due  from  me 
to  state  has  been  prosecuted  with  skill  and  fidelity ;  and  although 
it  has  been  attended  with  no  inconsiderable  time  and  expense,  it 
falls  in  both  these  respects  very  far  below  the  lowest  estimates  I 
obtained,  previous  to  the  commencement  of  the  work,  from  seve- 
ral persons  in  the  city  of  New  York,  whose  judgment  was  most 
entitled  to  confidence.  The  known  industry  and  degree  of 
economy  practiced  is  justly  entitled  to  commendation. 
Respectfully  submitted, 

VAN  R.  RICHMOND,  State  Engineer  and  Surveyor. 


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SECOND  REPORT 

OP 
O.  W.  CHILDS,  to  Hon.  VANR.  RICHMOND,  State  Engineer  and  Surveyor, 

On  the  pr.ogress  made  in  the  Survey  of  the  line  between  the  City  and 
the  State  of  New  York,  under  the  act,  chap,  516  of  the  Laws  of 
1860. 


Albany,  October  16,  1861. 
Hon.  Van  R.  Richmond,  State  Engineer  and  Surveyor  : 

Sir  :  Having  presented  to  you  a  report,  under  date  of  January 
25,  1861,  of  the  progress  which  had  at  that  time  been  made  in 
the  survey  directed  by  the  act,  chap.  516  of  the  Laws  of  1860, 
and  having  now  completed  said  survey  and  the  maps  illustrating 
the  boundaries  of  the  city  of  New  York,  as  determined  from 
measurements  and  from  the  grants  in  fee  to  the  corporation,  there 
only  remains  to  be  stated,  in  compliance  with  the  act,  the  superfi- 
cial contents  of  the  several  parcels  of  ground  and  soil  found 
"  filled  in  and  reclaimed  in  whole  or  in  part,"  and  lying  outside  of 
and  adjoining  said  grants,  which  constitute  the  boundary  of  fee 
in  the  city.  The  locality,  area,  &c,  of  said  several  parcels  will 
also  be  stated. 

The  method  pursued  in  determining  the  exterior  limits  of  the 
grants  in  fee  to  the  city,  and  of  ascertaining  the  amounts  re- 
claimed outside  of  and  adjoining  said  limits,  is  in  general  terms 
set  forth  in  the  report  above  referred  to.  It  is  also  therein 
stated  that  the  exterior  lines  adopted  by  the  common  council  in 
1795-6,  south  of  Charlton  street,  on  the  Hudson,  and  Corlaers 
street,  on  the  Bast  river,  and  confirmed  by  the  act  of  1798, 
together  with  such  modifications  of  the  exterior  street  along  the 
Hudson  river,  as  were  from  time  to  time  made  in  accordance  with 
ordinances  and  maps  indicating  plans,  which  ordinances  and 
maps  or  plans  were  ratified  and  confirmed  by  the  acts  of  1801, 


54  [Senate 

1813  and  1820,  authorizing  changes  to  be  made  in  said  exterior 
line,  or  West  street,  in  conformity  with  M  the  plans  agreed  upon 
for  that  purpose  "  made  prior  to  the  dates  of  these  several  acts, 
including  also  the  modification  directed  by  the  act  of  April  13, 
1826,  establishing  Tompkins  street  on  the  East  river,  were 
intended  to  be  substituted  for,  and  adopted  in  lieu  of,  the  exte- 
rior limits  specified  in  the  Montgomery  charter  of  1730,  granting 
400  feet  from  low-water  mark. 

It  is  also  stated  that  the  boundaries  or  limits  of  the  city,  as 
defined  in  said  report,  were  correctly  ascertained  by  first  care- 
fully locating  on  the  new  map,  therein  described,  the  several 
streets  as  they  were  in  1798,  viz  :  Greenwich,  on  the  Hudson,  and 
Water,  Front,  Cherry,  and  Crown  Point  streets,  on  the  East 
river ;  from  which  the  distances  given  in  the  ordinances  of 
1795-6,  and  fixing  the  exterior  limits,  were  measured  on  the 
ground,  as  also  the  additional  territory  granted  in  fee  by  the  acts 
of  1801,  1813,  and  others  of  subsequent  date. 

This  map,  as  also  stated  in  the  report,  represents  the  true 
relative  position  of  the  streets  above  named,  with  South  and 
West  streets,  also  the  true  position  of  the  remaining  outer 
streets  northerly  from  South  and  West  streets,  and  the  extent  of 
present  occupation  along  both  rivers  north  to  Twentieth  street, 
on  the  Hudson,  and  Thirty-fourth  street,  on  the  East  river,  the 
northerly  limits  of  the  map. 

The  difference  shown  by  a  comparison  of  the  distances  autho- 
rized as  above  stated,  with  those  extended  to  the  outer  line  of 
occupation  as  measured  on  the  ground  and  laid  down  on  the  new 
map,  gives  the  extent  of  the  encroachments  or  the  spaces  filled 
in  and  reclaimed  in  whole  or  in  part,  outside  of  all  grants  or 
legally  constituted  limits  ;  thus  furnishing  sufficient  data  for  satis- 
factorily determining  the  extent  and  area  in  all  cases  where  the 
bulkhead  and  filling  have  been  extended  beyond  the  boundaries 
established  by  law. 

THE  FOUR  HUNDRED  FEET    LINK  AND  THE   EXTERIOR  LIMITS  OF  PRESENT 
OCCUPATION,    THEIR    RELATIVE  POSITION,    ETC. 

Using  the  grants  from  the  city  to  individuals,  as  a  basis  in  fix- 
ing the  line  of  low-water  mark,  it  appears,  as  stated  in  the  former 
report,  that  the  line  of  four  hundred  feet  from  said  low  water 
line  lies  outside  of  the  ordinance  line  of  1796,  and  outside  of  the 
extorior  line  of  bulkhead,  as  built  from  Battery  place  to  near 


No.  10.]  55 

Albany  street;  thence  it  lies  on  the  inner  side  of  said  ordinance 
line  of  1796  to  Barclay  street,  and  of  the  ordinance  line  of  1808, 
to  near  Warren  street :  thence  it  lies  outside  of  said  lines  and  all 
other  authorized  limits  of  occupation  north  to  Hammond  street, 
and  from  thence  it  is  inside  the  limit  of  present  occupation  and 
the  line  fixed  by  the  act  of  1857,  (being  the  Harbor  Commis- 
sioners' line,)  to  between  Forty-first  and  Forty-second  streets. 
From  Thirteenth  street  north  to  Spuy tenduy vil  creek  no  encroach- 
ments have  been  found  to  exist. 

Commencing  at  Whitehall,  on  the  East  River,  the  four  hundred 
feet  line  lies  inside  of  the  ordinance  line  of  1795-6  and  within 
the  line  of  occupation  east  to  opposite  Roosevelt  street ;  thence 
it  lies  outside  of  occupation  and  within  the  ordinance  line  to  near 
Clinton  street ;  thence  outside  of  said  ordinance  line  and  of  pre- 
sent occupation  to  north  of  Corlaers  Hook,  or  at  the  foot  of 
Grand  street,  where  it  crosses  the  exterior  line  of  bulkhead  or 
the  authorized  limit,  and  continues  inside  to  between  Twenty- 
fourth  and  Twenty-fifth  streets,  from  which  latter  point  north, 
as  far  as  this  examination  is  directed  to  be  extended,  it  lies  out- 
side of  present  occupation,  hence  no  encroachments  are  found  to 
exist  between  Twenty-fifth  street  and  the  Harlem  river. 

The  true  boundary  of  the  ground  and  soil  granted  in  fee  to 
the  corporation  of  the  city  of  New  York,  as  determined  in  the 
manner  already  stated,  is  shown  on  the  new  map  by  the  exterior 
black  lines  drawn  thereon,  and  shaded  red ;  which  lines,  from 
point  to  point,  are  authorized  by  the  following  acts,  viz  : 

EAST    SHORE    OF    THE    HUDSON    RIVER. 

Line,  as  per  act  of  January  18,  1830,  extending  from  Battery- 
place  to  the  Albany  basin,  (now  between  Albany  and  Cedar 
streets). 

Line,  as  per  act  of  1798,  confirming  ordinance  lines  of  1796, 
from  Albany  basin  to  North  side  of  Cortland  street. 

Line,  as  per  ordinance  of  July  11,  1808,  confirmed  by  act  of 
1813,  from  Cortland  to  Harrison  street. 

Line,  as  per  plan  shown  by  the  Loss  map  of  1807,  confirmed 
by  act  of  1813,  from  Harrison  street  to  Christopher  street. 

Line,  as  per  act  of  March  31,  1828,  from  Christopher  to  Ham- 
mond street. 

Line,  as  per  act  of  April  12,  1837,  from  the  southerly  side  of 
Hammond  street  to  opposite  Twenty-ninth  street. 


56  [Senate 

Line,  as  per  act  of  April  12,  183T,  granting  fee  to  the  city 
from  opposite  Twenty-ninth  street  to  One  Hundred  and  Thirty- 
fifth  street,  now  restricted  to  the  Harbor  Commissioners'  line  by 
the  act  of  April  17,  1857. 

Line,  as  per  act  of  April  3,  1807,  being  the  four  hundred  feet 
line  granting  fee  to  the  city  from  One  Hundred  and  Thirty-fifth 
street  to  a  point  four  miles  north  of  Bestaver's  Killetjie,  near 
Charlton  street,  now  restricted  to  the  Harbor  Commissioners' 
line  by  the  aforesaid  act  of  1857. 

Line,  as  per  act  of  February  25,  1826,  from  the  above  named 
point ;  four  miles  north  of  Bestaver's  Killetjie,  to  Spuytenduyvil 
creek,  modified  as  above  by  the  act  of  1857. 

WEST    SHORE   OF    THE    EAST    RIVER. 

Line,  as  per  act  of  April  3,  1798,  confirming  ordinances  of 
1795-6,  from  Whitehall  to  the  east  side  of  Corlaer  street,  except- 
ing therefrom  that  portion  of  the  distance  between  the  west  line 
of  the  grant  to  Thomas  Barnes  and  the  west  line  of  the  grant  to 
Benjamin  Laight,  both  extended,  where  the  bulkhead  confirmed 
by  the  act  of  1857,  restricts  it  to  the  line  of  the  front  of  present 
occupation. 

Line,  as  per  charter  of  1730,  now  limited  by  the  Harbor  Com- 
missioners' line,  as  per  act  of  April  17,  1857,  from  the  aforesaid 
point  at  the  east  side  of  Corlaer  street  to  opposite  the  center  of 
Grand  street. 

Line,  as  per  act  of  April  13,  1826,  from  Grand  to  Rivington 
street. 

Line,  as  per  act  of  April  13,  1860,  from  Rivington  to  south 
side  of  Stanton  street. 

Line,  as  per  act  of  April  13,  1826,  from  Stanton  street  to 
Twenty-third  street. 

Line,  as  per  act  of  April  3,  1807,  from  Twenty-third  street  to 
a  point  two  miles  north  of  the  north  side  of  Corlaer's  Hook; 
being  the  line  of  a  portion  of  Avenue  A  and  the  four  hundred 
feet  line  granting  fee  to  the  city;  the  latter  restricted  by  the 
Harbor  Commissioners'  line,  as  per  act  of  April  17,  1857. 

Line,  as  per  act  of  February  25,  1826,  granting  fee,  &c,  now 
restricted  by  the  act  of  1857,  from  two  miles  north  of  the  north 
side  of  Corlaer's  Hook,  to  Spuytenduyvil  creek,  otherwise  called 
the  Harlem  river,  which  stream  at  either  termination  is  the  upper 


No.  10.]  57 

or  northern  limit  of  examination  of  the  shores,  fixed  by  the  act 
under  which  this  survey  is  made. 

The  description  and  superficial  contents  of  the  several  parcels 
of  ground  and  soil  filled  in  and  reclaimed  on  Manhattan  Island, 
and  lying  outside  of  and  adjoining  the  lines  above  described,  are 
as  follows,  to  wit : 

Parcel  E,  lies  within  the  400  feet  line  of  1730 ;  also,  within 
the  proper,  or  70  feet  width  of  West  street ;  and,  although  within 
the  limits,  and  forming  a  part  of  said  street,  as  now  occupied,  it 
projects  beyond  and  lies  outside  of  the  exterior  line  as  laid  down 
on  the  Loss  map,  being  the  plan  of  West  street,  as  legalized  by 
the  act  of  1813.  It  extends  from  a  point  50  feet  north  of  Hubert 
north  to  Canal  street,  a  distance  of  1,168  feet,  its  extreme  width 
is  6|  feet,  and  contains  an  area  of  4,165  square  feet. 

Parcel  F,  lies  mainly  within  the  400  feet  line  of  1807,  and  con- 
sists in  excess  of  the  proper  or  70  feet  width  of  West  street,  as 
authorized  by  the  act  of  1828;  also,  excess  in  the  proper  or  60 
feet  width  of  Hammond  street,  as  authorized  by  the  act  of  1837  ; 
the  former  extends  from  Christopher  to  Hammond  street,  with 
an  extreme  width  of  33  feet,  and  an  extreme  length  of  958  feet, 
and  contains  19,216  square  feet;  the  latter  commences  20  feet 
west  of  West  street  and  extends  along  Hammond  street  to  a 
point  245  feet  west  of  West  street,  with  an  extreme  width  of  15 
feet  and  length  of  225  feet,  containing  2,120  square  feet,  and 
together  contain  an  area  of  21,336  square  feet. 

Parcel  G,  consists  of  excess  in  the  width  of  Thirteenth  avenue 
beyond  the  100  feet  authorized  by  the  act  of  1837.  It  extends 
from  the  south  side  of  Hammond  street  to  30  feet  north  of  the 
north  side  of  Thirteenth  street  a  distance  of  2,831  feet,  it  has  an 
extreme  width  of  20  feet,  and  contains  an  area  of  39,084  square 
feet. 

Parcel  H,  lies  outside  of  the  ordinance  line  of  1795,  and  out- 
side of  the  proper  width  of  70  feet,  and  forms  a  part  of  South 
street  between  Coenties  slip  and  122  feet  east  of  Beekman 
street,  a  distance  of  2,576  feet ;  and,  excepting  the  block  at  Wall 
street  ferry,  it  has  an  extreme  width  of  36  feet,  and  an  area  of 
48,954  square  feet. 

At  Crane  wharf,  as  in  1795,  (now  the  westerly  side  of  Beek- 
man street  extended),  the  distance  from  Water  street  to  the  inner 
side  of  South  street,  as  measured  ou  the  ground  is  356{|-  feet,  or 


58  [Senate 

25J  feet  greater  than  the  distance  authorized  by  the  ordinance 
of  1795.  On  the  shore  map  of  1793,  and  the  city  map  of  1804, 
both  by  Goercke,  the  inner  side  of  South  street  is  laid  down  331 J 
feet  from  Water  street,  or  in  precise  conformity  with  the  ordinance, 
showing  this  to  have  been  the  plan  of  South  street  down  to  180-1. 

None  of  the  ordinances  referred  to  in  the  preceding  report 
provide  for  the  building  of  South  street,  or  that  make  any  allu- 
sions to  any  other  plan,  and  none  other  having  been  found  of 
record,  or  any  legislative  act  of  a  date  subsequent  to  that  of 
1798  relating  to  the  building  of  this  portion  of  the  street,  the  space 
filled  in  and  reclaimed  and  lying  outside  of  the  line  established 
by  the  act  of  1798,  between  the  points  above  stated  and  now 
forming  part  of  South  street,  is  ■  deemed  to  be  an  encroach- 
ment beyond  the  limits  of  the  ground  and  soil  granted  in  fee  to, 
or  authorized  to  be  occupied  by,  the  city,  or  by  individuals ;  and, 
as  is  supposed,  must  be  so  regarded  unless  title  may  have  been 
acquired  by  adverse  possession  during  the  period  required  by 
statute  to  establish  it. 

By  an  ordinance  of  the  common  council,  the  inner  line  of  this 
portion  of  South   street  was  directed  to  be  surveyed  June  22, 

1795,  and  from  Coenties  to  Old  slip  South  street  was  ordered  to 
be  completed  by  June  1798,  and  from  Wall  street  to  Maiden 
Lane  it  was  filled-in  March  1,  1809;  and,  as  stated  in  the  prece- 
ding report,  it  was  ordered  built  across  Beekman  slip  May  19, 
1806,  from  Beekman  street  to  Stevens'  wharf  June  3,  1811,  and 
from  Fulton  street  to  Crane  wharf,  March  17,  1817. 

Parcel  I,  lies   outside  of  and  adjoining  the   ordinance  line   of 

1796,  and  within  the  400  feet  line  of  1730 ;  it  lies  mainly  within 
the  70  feet  width  of  street  as  now  occupied,  and  extends  from 
the  easterly  side  of  Corlaers  street  westerly,  forming  a  part  of 
South  street,  a  distance  of  928  feet;  its  extreme  width  is  36 
feet,  and  contains  an  area  of  16,585  square  feet. 

Parcel  J,  lies  outside  of  Tompkins  street,  as  established  by 
the  act  of  1826,  and  southerly  from  the  center  line  of  Sixteenth 
street  extended ;  it  has  a  length  of  943  feet  along  and  adjoining 
the  former,  and  449T5?  feet  along  the  center  line  of  the  latter.  At 
its  southerly  end  it  extends  116  feet  from  Tompkins  street  upon 
a  line  nearly  parallel  with  Fourteenth  street ;  it  has  a  front  along 
the  East  river  of  738  feet,  and  contains  an  area  of  167,124  square 
feet, 


No.10.]  59 

Parcel  K,  lies  outside  of  Tompkins  street,  and  between  the 
easterly  line  of  Avenue  C  and  the  center  line  of  Nineteenth  street 
extended;  its  extreme  length  adjoining  Tompkins  street  is 
414^  feet;  it  has  an  average  width  of  27-^  feet,  and  an  area  of 
10,672  feet. 

Parcel  L,  lies  outside  of  Tompkins  street,  and  between  the 
south  line  of  Twentieth  street  and  the  north  line  of  Twenty- 
third  street,  both  extended,  and  includes  the  triangle  lying  north 
of  and  adjoining  Twenty-third  street;  it  has  an  extreme  length 
along  Tompkins  street  of  1,272-J  feet,  and  an  extreme  width  of 
384^  feet ;  the  triangle  has  an  extreme  length  along  avenue  A 
of  175  feet,  and  an  extreme  width  of  40  feet,  and  together  con- 
tains an  area  of  173,234  square  feet. 

EAST  RIVER,  BROOKLYN  SHORE,  FROM  THE  EASTERLY  SIDE  OF  THE 
WALLABOUT  BAY  TO  RED  HOOK  POINT. 

It  will  be  observed  that  no  allusion,  other  than  to  the  ground 
and  soil  referred  to  in  the  act,  and  located  in  Manhattan  Island, 
has  hitherto  been  made.  By  the  Cornbury  charter  of  April  19, 
1708,  all  of  the  vacant  and  unpatented  grounds  lying  between 
high  and  low  water  mark  on  the  Brooklyn  shore  from  the  easterly 
side  of  the  Wallabout  to  Red  Hook  Point,  was  granted  to  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York,  which 
grant  was  recognized  and  confirmed  to  said  city  by  the  charter 
of  January  15,  1730. 

As  the  act  of  April  17,  1860,  directs  a  survey  of  all  of  the 
grounds  lying  outside  of  and  adjoining  the  grants  made  to  the 
corporation  of  the  city  of  New  York  by  the  Montgomery  charter, 
or  by  any  other  charter  or  grant  to  the  said  city  by  the  State,  a 
survey  of  the  grounds  reclaimed  and  lying  outside  of  the  origi- 
nal low  water  mark  along  the  Brooklyn  shore,  between  the  points 
named  in  the  charter,  and  a  report  of  the  same  to  the  Commis- 
sioners of  the  Land  Office,  is  not  only  regarded  as  proper  to 
a  full  compliance  with  the  act,  but  is  deemed  to  be  imperative, 
although  all  of  said  grounds  may  have  been  granted  in  whole  or 
in  part  by  the  State  to  parties  other  than  the  corporation  of  the 
city  of  New  York.  That  the  lands  along  this  shore  have  been 
so  granted  by  the  State,  and  those  adjoining  in  the  rear  by  the 
more  early  proprietors,  will  appear  from  the  following  brief  allu- 


60  [Senate 

sion  to   the  early  as  well  as  the   more  modern  transactions  in 
relation  thereto. 

During  the  period  embracing  the  years  from  1642  to  1647, 
patents  of  all  of  the  lands  extending  from  Wallabout  Bay  to 
Red  Hook  Point  were  granted  to  individuals  by  the  Dutch  West 
India  Company — a  company  incorporated  by  the  States  General 
of  Holland,  as  early  as  1621.  Omitting  a  history  in  detail  of 
the  early  occupation  and  of  the  title  to  the  lands  in  Brooklyn 
fronting  the  East  river  and  lying  within  the  low  water  mark,  it 
will,  as  is  presumed,  be  considered  sufficient  to  state  that  the 
grants  conveying  the  lands  "bounded  along  the  strand  or  water 
side/'  supposed  to  mean  the  high  water  line,  were  confirmed  to 
the  grantees  by  Gov.  Nicolls  in  1667,  after  his  appointment  by 
the  Duke  of  York,  and  after  having  been  placed  in  possession  by 
Charles  II  of  England,  who  obtained  it  by  conquest  from  the 
Dutch  in  1664. 

New  York  and  its  dependencies  having  been  re-conquered  by 
the  Dutch  in  1673,  and  again  by  the  English  in  1674,  Thomas 
Dongan.  Lieut.  Governor  and  Vice  Admiral  under  James  II,  con- 
firmed to  the  same  grantees,  by  a  patent  dated  May  13,  1686, 
(naming  most  of  them  in  the  grant),  the  several  parcels  covering 
the  shore  of  this  portion  of  the  East  river,  as  appears  from  the 
following  extract  from  the  description  contained  in  the  former 
patent  by  Gov.  Nicolls  in  1667,  viz:  "Bounded  westward  on  the 
further  side  of  the  land  of  Mr.  Paulus  Verbeeck,  from  whence 
stretching  southeast  they  go  over  the  hills  and  so  eastward  along 
by  the  said  hills  to  a  south  east  point,  which  takes  in  all  the 
lotts  behind  the  swamp,  from  which  said  lotts  they  run  northwest 
to  the  river,  and  extend  to  the  farm  on  the  other  side  of  the  hills 
heretofore  belonging  to  Hans  Hansen  over  against  Keok  or  Look- 
out, including  within  the  said  bounds  and  limits  all  the  lotts 
and  plantations  lying  and  being  at  the  Gauwanes,  Bedford,  Wal- 
labocht,  and  the  Ferry." 

The  foregoing  description  manifestly  embraces  all  of  the  lands 
fronting  on  the  East  river  between  the  Wallabout  and  Gowanus 
bays,  and  that  their  boundary  "  along  the  strand  or  water  side  " 
was  intended  to  be  the  high  water  mark,  and  was  so  regarded 
down  to  1730,  the  date  of  the  Montgomerie  charter,  is  evident 
from  the  grant  contained  in  the  Cornbury  charter  of  April  19, 
1708,  ?o»Yeyii)£  to  the  city  of  New  York  all  of  the  "vacant  and 


No.  10.]  61 

unappropriated  ground  lying  and  being  on  the  said  Nassau  Island 
(alias  Long  Island,)  from  high  water  mark  to  low  water  mark 
aforesaid,  contiguous  and  fronting  the  said  city  of  New  York, 
from  the  aforesaid  place  called  the  Wallabout  to  Red  Hook, 
aforesaid,  that  is  to  say  from  the  east  side  of  the  Wallabout » 
opposite  the  now  dwelling  house  of  James  Bobine,  to  the  west 
side  of  the  Red  Hook,  commonly  called  the  fishing  place,  with  all 
and  singular,  &c."  Also,  from  the  grant  contained  in  the  Mont- 
gomery charter  of  January  15,  1730,  conveying  to  the  city  of 
New  York  in  like  manner  the  same  premises  and  grounds,  with 
the  following  description  :  "  And  also  the  ferry  houses  on  Nassau 
Island,  with  the  barns,  stable,  pens  or  pounds  and  lot  of  ground 
thereto  belonging,  and  also  all  the  ground,  soil  or  land  between 
high  water  and  low  water  mark  on  the  said  island  of  Nassau, 
from  the  east  side  of  the  place  called  Wallabout  to  the  west  side 
of  Red  Hook."  Which  grant  (conveying  so  much  of  the  afore- 
said grounds  in  fee  as  had  not  previously  been  granted)  was  con- 
firmed by  an  act  of  the  Colonial  Legislature  September  11, 
1732. 

With  the  exception  of  the  grounds  reserved  for  ferry  purposes, 
and  still  in  possession  of  the  city,  nearly  all  of  this  strip  of  land 
has  been  conveyed  by  the  corporation  of  New  York  to  individ- 
uals. The  grants  constituting  these  conveyances,  are  variously 
dated  from  1802  to  1845;  they  have  been  compiled  on  maps 
No's  4  and  5,  embracing  the  Brooklyn  shore  from  the  east  side  of 
the  Wallabout  to  Red  Hook  point,  and  their  outer  or  river  boun- 
dary, as  laid  down  on  the  maps,  represent  the  original  low  water 
line  as  nearly  correct  as  is  now  practicable  to  obtain  it. 

The  maps  also  show  the  low  water  line  at  those  points  where 
no  grants  have  been  made  by  the  city,  the  outer  limits  of  pre- 
sent occupation,  all  of  the  exterior  lines  as  authorized  by  the 
several  legislative  acts,  and  by  grants  from  the  Commissioners 
of  the  Land  Office. 

The  areas  of  the  ground  and  soil  filled  in  and  reclaimed  and 
lying  outside  of  and  beyond  the  low  water  line,  "and  not  granted 
to  the  city  of  New  York  by  the  Montgomery  charter,  or  any 
other  charter  or  grant  to  the  said  city  by  the  State."  being,  as 
before  stated,  required  (by  the  act  of  1860,  directing  this  sur- 
vey,) to  be  reported  to  the  Commissioners  of  the  Land  Office, 
they  have  been  calculated  from  measurements  taken  from   said 

6 


62  [Sena 


f£ 


low  water  line  to  the  front  of  present  occupation,  and  amount  in 
the  aggregate  to  11 7  J  acres. 

The  Legislature  have  granted  to  individuals  authority  to  fill 
in,  occupy  and  use  these  grounds  to  the  extent  indicated  by  the 
following  acts,  viz  : 

The  act  of  May  25,  1836,  authorized  Henry  Patchin  and  fifteen 
others,  their  heirs  and  assigns,  to  construct  bulkheads  adjacent 
to  their  lands  from  a  point  700  feet  westerly  from  the  westerly 
corner  of  Partition  and  Ferris  streets,  northeasterly  and  parallel 
with  Ferris  street  320  feet ;  thence  northeasterly  to  a  point  1800 
feet  from  the  corner  of  Dykeman  and  Ferris  streets,  said  point 
being  in  a  line  drawn  from  said  corner  of  Dykeman  and  Ferris 
streets  in  the  direction  of  a  point  in  the  westerly  line  of  Butler 
(now  Harrison)  street,  extended  845  feet  from  the  westerly  cor- 
ner of  Columbia  and  Harrison  streets  ;  thence  northeasterly  to 
a  point  in  the  southerly  line  of  Atlantic  street  extended,  which 
point  is  upon  a  line  drawn  in  the  direction  of  another  point  245 
feet  from  the  northerly  corner  of  Hicks  &  Smiths'  docks,  at  the 
foot  of  Jeroleman  street. 

Another  line  extending  from  Red  Hook  Point  to  Atlantic  street, 
and  lying  exterior  to  that  last  above  described,  is  authorized  by 
the  act  of  May  26,  1841.  It  commences  at  a  point  in  the  north- 
westerly line  of  Partition  street,  extended  800  feet  from  the 
westerly  corner  of  Partition  and  Ferris  streets,  or  100  feet 
farther  into  the  bay  than  that  authorized  by  the  act  of  1836,  and 
runs  thence  parallel  with  the  latter  street  3*20  feet ;  thence  north- 
easterly in  a  direct  line  4,744^  feet,  or  until  it  intersects  a  point 
upon  a  line  in  continuation  of  Harrison  street,  845  feet  from  the 
westerly  corner  of  Harrison  and  Columbia  streets.  This  line 
does  not  coincide  with,  but  lies  within  the  front  line  of  present 
occupation,  from  its  commencement  to  the  northerly  end  of  the 
Atlantic  dock;  thence  to  its  termination  at  Atlantic  street  it  lies 
outside  of  the  irregular  face  of  the  Bulkhead,  as  now  filled  in 
and  occupied. 

The  intersecting  point  of  this  line  and  the  north  line  of  Dyke- 
man street  800  feet,  as  recited  in  the  act,  from  Ferris  street,  is 
precisely  in  the  line  of  the  front  of  the  present  dock,  and  when 
drawn  from  thence  in  the  direction  of  the  aforesaid  point  845  feet 
from  Columbia  street,  it  passes  28J  feet  within  the  face  of  the 
Atlantic  dock  at  its  northerly  end,  thus  showing  an  encroachment 


No.  10.J  03 

of  the  form  of  a  triangle  having  a  base  of  28 \  feet  at  the  north- 
erly end,  and  extending  southwesterly  3,684^  feet  to  the  80.0  feet 
point  at  said  northerly  line  of  Dykeman  street,  excepting  there- 
from the  200  feet  opening  left  for  a  passage  way  to  and  from  the 
Atlantic  basin.  These  points,  distant  800  feet  from  Ferris  and 
845  feet  from  Columbia  street,  were  established  with  care  by 
accurate  measurements  on  the  ground,  and  the  width  of  the 
encroachment  at  the  north  end  of  the  dock  was  determined  by 
the  use  of  the  scale.  The  aggregate  length  of  these  two  strips 
is  3,484  J  feet,  and  they  contain  an  area  of  53,4*17  square  feet. 

A  bulkhead  with  an  extreme  width  of  20  feet  diverges  at  the 
northerly  line  of  Dykeman  street  and  extends  southerly  260  feet 
to  the  northerly  line  of  Partition  street  extended ;  it  lies  in  front 
of  and  obliquely  with  the  aforesaid  exterior  line,  and  contains  an 
area  of  4,000  square  feet. 

These  encroachments  would  to  the  same  extent  be  shown  by 
drawing  this  exterior  line  from  the  same  points  on  the  Harbor 
Commissioners'  border  map ;  thus  evincing  such  degree  of  accu- 
racy of  both  maps  as  entitle  them  to  confidence. 

It  may  not  be  improper  here  to  remark,  that  although  the 
Harbor  Commissioners7  bulkhead  line  as  established  by  the  act 
of  April  17,  1857,  coincides  with  the  present  dock  its  entire 
length  north  of  Dykeman  street ;  as  the  act  establishing  this 
latter  line  did  not  convey  the  fee,  the  area  filled  in  and  lying 
outside  of  the  line  of  May  26,  1841,  is  still  deemed  to  be  the 
property  of  the  State. 

An  act,  passed  Ma}^  12,  1847,  granted  to  Wm.  H.  Imlay,  James 
L.  Voorhees  and  others,  permission  to  erect  piers  or  bulkheads 
in  front  of  and  adjoining  their  lands  from  opposite  a  point  in 
their  front  line  100  feet  southerly  from  Hamilton  avenue,  north- 
erly to  opposite  the  center  of  Atlantic  street,  upon  a  line  parallel 
with  the  water  line  as  then  established,  and  250  feet  therefrom 
into  the  East  river.  No  part  of  the  space  thus  granted  has  ever 
been  filled  in  or  occupied  by  the  grantees  or  others,  and  the 
Harbor  Commissioners'  line,  as  established  in  1857,  along  the 
bulkhead  as  then  built  now  forms  the  exterior  authorized  limit 
of  occupation  between  the  points  named  in  the  act. 

The  commissioners  appointed  in  pursuance  of  the  second  sec- 
tion of  the  act  of  May  25,  1836,  to  locate  "  a  suitable  line  in  the 
East  river  in   front  of  the  city  of  Brooklyn,  from  the  southerly 


64  [Senate 

side  of  Atlantic  street  to  the  dock  next  east  of  Jackson  street 
ferry,  upon  which  a  permanent  line  of  bulkhead  "  might  be  built, 
made  a  report  to  the  common  council  of  the  city  of  Brooklyn, 
under  date  of  August  9,  1836,  in  which  they  determine  and  locate 
said  line  according  to  the  following  description,  viz  : 

"Beginning  at  the  point  established  by  the  act  of  May  25, 
1836,  at  the  southerly  side  of  Atlantic  street,  and  running  thence 
northeasterly  to  a  point  in  the  northerly  line  of  Middagh  street 
extended  210  feet  from  the  westerly  line  of  Furman  street; 
thence  in  a  direct  line  to  a  point  in  the  southerly  line  of  Ply- 
mouth street  extended,  50  feet  from  the  westerly  end  of  the 
easterly  pier  occupied  by  the  Fulton  ferry  company  ;  thence  in  a 
direct  line  to  a  point  in  the  westerly  line  of  Fisher  street  ex- 
tended 273  feet  from  the  southerly  side  of  Plymouth  street  j 
thence  in  a  direct  line  to  the  northernmost  point  of  the  dock  next 
east  of  Jackson  street  (now  Hudson  avenue)  ferry." 

The  proceedings  of  the  commissioners  under  the  act  of  April 
23,  1835,  and  the  act  of  May  25,  1836,  were  confirmed,  and  the 
line  thus  described  became  established  by  an  act  passed  February 
28,  1839. 

The  corporation  of  the  city  of  New  York  having  granted  to 
individuals  the  space  between  high  and  low  water  mark,  as 
already  stated,  the  grantees  became  the  riparian  owners  and 
entitled  on  proper  application,  to  such  grants  beyond  the  low 
water  line  as  may  have  since  been  made. 

The  act  of  May  6,  1835,  extends  the  powers  of  the  Commis- 
sioners of  the  Land  Office  to  grants  "  under  water  in,  adjacent 
to,  and  surrounding  Long  Island,"  &c,  excepting  those  portions 
of  said  lands  that  lie  within  the  boundary  of  the  city  of  New 
York. 

The  act  of  April  18,  1843,  grants  to  Samuel  Bowne,  his  heirs 
and  assigns,  permission  to  construct  a  bulkhead  opposite  his  land 
into  the  East  river  to  the  permanent  line  last  above  described. 
It  also  authorizes  the  Commissioners  of  the  Land  Office  to  make 
like  grants  in  the  city  of  Brooklyn,  on  application,  subject  to  the 
fourth  article  of  title  5,  chapter  9,  part  1,  of  the  Revised 
Statutes. 

Chapter  156  of  the  Laws  of  1848,  makes  it  lawful  for  the 
several  owners  of  real  estate  fronting  on  the  water  in  the  city  of 
Brooklyn,  between  Atlantic  street  and   the  dock   next   east   of 


No.   10.]  65 

Jackson  street  ferry,  their  heirs  and  assigns,  to  construct  and 
maintain  bulkheads  on  the  line  therein  described,  being  that  laid 
down  by  the  commissioners  and  established  by  the  act  of  Feb. 
28,  1839,  and  to  fill  in  the  same  on  the  lands  under  water  front- 
ing their  lands  respectively,  as  far  into  the  East  river  as  the 
permanent  line  established  by  law  for  the  construction  of  bulk- 
heads. This  act  also  provides  for  the  protection  of  certain 
rights  of  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New  York. 

The  first  section  of  the  above  act  was  so  amended  by  chapter 
313,  Laws  of  1850,  as  made  it  lawful  for  the  several  owners  of 
real  estate  in  the  city  of  Brooklyn,  between  Atlantic  street  and 
the  dock  next  east  of  Jackson  street  ferry,  their  heirs  and 
assigns,  without  application  to  the  Commissioners  of  the  Land 
Office,  or  being  subject  to  any  specific  conditions,  to  erect  and 
maintain  bulkheads  and  to  fill  in  the  same  on  the  lands  under 
water  in  front  of  their  lands,  respectively,  as  far  into  the  East 
river  as  the  permanent  line  established  by  law  for  the  construc- 
tion of  bulkheads. 

From  the  measurements  taken  on  the  ground,  it  does  not  appear 
that  the  construction  of  the  docks  and  the  filling  in  of  the  same 
has  at  any  point  been  carried  beyond  the  line  of  the  commis- 
sioners, as  established  by  the  act  of  February  28,  1839. 

By  the  act,  chapter  283,  Laws  of  1850,  grants  in  perpetuity  of 
land  under  water  in  the  city  of  Brooklyn,  are  authorized  to  be 
made  by  the  Commissioners  of  the  Land  Office,  only,  however,  to 
the  proprietors  of  adjacent  lands;  which  grants  are  by  the  act, 
limited  in  their  outer  extent  to  the  permanent  exterior  bulkhead 
line  established  by  law. 

From  the  dock  next  east  of  Jackson  street  ferry  to  the  westerly 
line  of  the  Navy  Yard,  grants  covering  the  entire  front  and  ex- 
tending beyond  the  low  water  line  have  been  issued  by  the  Com- 
missioners of  the  Land  Office  to  three  several  parties,  all  of 
which  bear  date  July  8,  1852. 

The  first,  adjoining  Jackson  street  ferry,  on  the  north,  was  to 
C.  P.  Smith  and  Wm.  F.  Bulkley.  It  extends  from  the  front  of 
the  old  dock  into  the  East  river  120  feet  on  its  westerly,  and  123 
feet  on  its  easterly  side,  to  a  line  lying  N.  89  deg.  30  min.  E., 
from  the  terminating  point  of  the  aforesaid  bulkhead  line  of  the 


66  [Sknate 

commissioners  established  in  1839.     This  grant  conveys  a  width 
of  only  16  feet  front  and  36|  feet  in  rear,  or  at  the  old  clock. 

The  next  is  to  the  Brooklyn  gas  company,  and  conveys  123 
feet  on  its  westerly  and  229  feet  on  its  easterly  side,  from  the 
face  of  the  old  dock  out  to  the  above  mentioned  exterior  line 
lying  N.  89  deg.  30  min.  E..  and  giving  a  width  of  338  feet  front 
and  295^2  feet  on  the  rear  along  the  front  of  the  gas  company's 
present  dock. 

The  other  and  most  northerly  is  to  Henry  Rnggles,  and  con- 
veys 229  feet  on  its  westerly  and  654  feet  on  its  easterly  side, 
the  latter  along  the  westerly  line  of  the  United  States  Navy 
Yard,  from  the  front  line  of  said  Ruggles'  lands  out  to  the  afore- 
said line  lying  N.  89  deg.  30  min.  E.,  giving  a  width  of  577  feet 
water  front,  and  about  405T85  feet  in  the  rear  along  the  sinuous 
low  water  line  of  the  then  shore,  and  the  line  of  the  face  of  the 
dock  as  then  constructed. 

These  grants  being  regarded  as  valid,  and  no  portion  of  the 
area  conveyed  by  them  having  been  since  filled  in,  either  in  whole 
or  in  part,  no  encroachment  between  the  pier  next  east  of  Jack- 
son street  ferry  and  the  U.  S.  Navy  Yard  is  deemed  to  have  been 
made. 

A  portion  of  the  Wallabout  bay  and  the  grounds  now  known 
as  the  Navy  Yard,  were  ceded  to  the  United  States  Government 
by  the  act  of  June  17,  1853.  This  grant  covers  all  of  the  land 
and  waters  ceded  to  the  United  States  by  the  act  of  April  3, 
1810,  and  includes  also  the  entire  area  embraced  within  the  line 
forming  its  northwesterly  boundary  and,  drawn  from  a  point  120 
feet  northerly  from  the  northeast  corner  of  Henry  Ruggles'  pre- 
sent dock,  northeasterly  across  the  bay  to  a  point  in  the  Williams- 
burgh  line  near  the  center  of  the  channel  lying  east  of  Cob 
dock,  and  the  lines  forming  its  southerly  boundary,  drawn  from 
the  Williamsburgh  road  westerly  along  the  northerly  side  of 
Flushing  avenue  and  Navy  street;  thus  covering  the  whole  area 
of  land  and  water  lying  between  these  two  lines  and  west  of  the 
line*  forming  its  easterly  boundary  drawn  southeasterly  through 
the  center  of  the  aforesaid  channel  and  the  artificial  channel  or 
canal,  and  thence  by  various  courses  with  short  distances  to 
Flushing  avenue  at  the  Williamsburgh  road. 

All  of  the  courses  and  distances  bounding  this  grant  are  given 
i.i  the  act,  which  boundary  is  carefully  laid  clown  and  designated 


No.  10.]  67 

by  the  green  shaded  lines  on  the  Border  map,  No.  5,  of  the  Brook- 
lyn shore.  An  examination  of  these  grounds  with  the  use  of  the 
map,  from  which  a  knowledge  of  the  true  location  of  the  boun- 
dary lines  was  obtained,  rendered  it  evident  that  no  bulkheads 
have  been  built  and  that  there  has  been  no  filling  in  or  reclaim- 
ing of  any  land  or  soil  outside  of  or  beyond  the  limits  prescribed 
in  this  act. 

The  Bobine  house  referred  to  in  the  charter  of  1730,  was 
located  in  the  village  of  Williamsburgh,  in  the  range  of  the 
south  line  of  South  Tenth  street,  and  nearly  in  the  center  of  pre- 
sent First  street.  A  knowledge  of  its  location  was  derived  from 
the  statements  made  from  recollection  by  Abraham  Meserole, 
Esq.,  and  others,  and  from  the  discovery  of  a  portion  of  its  ruins 
by  an  excavation  made  on  the  spot  pointed  out  by  them,  and  as 
indicated  on  a  map  of  Williamsburgh,  by  Daniel  Ewen,  Esq.,  and 
marked  "drawn  February,  1835,"  and  now  on  file  in  the  street 
commissioners'  office  in  the  city  of  New  York. 

From  opposite  the  point  thus  designated  by  the  Montgomerie 
charter  southerly  about  415  feet  to  the  Williamsburgh  line,  the 
Bulkhead  line  is  laid  down  on  the  map  by  D.  Ewen,  Esq.,  above 
referred  to,  which  line  was  established  by  the  act  of  April  22, 
1835. 

The  line  as  thus  permanently  established  precisely  conforms  to 
the  present  front  of  occupation,  from  opposite  the  aforesaid  loca- 
tion of  the  Bobine  house  southerly  about  210  feet ;  the  present 
Bulkhead  here  recedes  and  is  built  upon  a  line  nearly  at  right 
angles  with  the  aforesaid  front,  and  in  the  direction  of  the  shore 
about  179-^2  feet.  With  another  angle  at  this  point,  it  continues 
thence  southerly  nearly  parallel  with  and  about  179  feet  within, 
the  bulkhead  line  of  1835,  a  further  distance  of  205  feet,  to  tho 
Williamsburgh  line. 

Proceeding  northerly,  from  a  point  in  the  Williamsburgh  line 
62  feet  in  front  of  the  present  bulkhead,,  the  Harbor  Commis- 
sioners' bulkhead  line  is  projected  on  a  reversed  curve  and  within 
E wen's  bulkhead  line  of  1835  ;  hence  curtailing  the  limits  of 
occupation  formerly  granted,  though  not  occupied,  to  the  corner 
or  angle  formed  by  the  recess  in  the  present  dock  above  referred 
to ;  and  from  thence  to  opposite  the  Bobine  house  it  coincides 
with  Ewen's  line,  and,  as  before  stated  with  the  face  of  the  bulk- 
head as  now  built. 


68  [Senate 

South  of  the  TVilliamsburgh  line,  and  east  of  the  easterly 
limits  of  the  grant  to  the  United  States,  the  Legislature,  by  an 
act  passed  April  4,  1849,  authorized  the  heirs  of  Abraham 
Boerum  aid  Abraham  A.  Remsen,  the  proprietors  of  the  adjoin- 
ing lands,  "to  fill  in,  keep,  and  maintain  forever,  a  bulkhead, 
docks  and  wharfs  adjacent  to  their  respective  lands  in  the 
Seventh  ward  of  the  city  of  Brooklyn,  and  extending  into  the 
channel  of  the  Wallabout  bay,  not  exceeding  100  feet  beyond  the 
low  water  mark  on  the  shore  thereof." 

This  grant  extends  along  the  low  water  line  from  the  northerly 
line  of  the  city  of  Brooklyn,  the  then  northerly  boundary  of 
Boerum's  land,  southerly  to  the  low  water  line  near  the  center  of 
Taylor  street,  in  the  southerly  boundary  of  the  Remsen  farm. 

It  appears  from  the  copy  of  a  map  now  on  file  in  the  comp- 
troller's office  of  the  city  of  New  York,  of  a  survey  by  Charles 
Loss,  then  city  surveyor,  dated  March  31,  1810,  and  authenti- 
cated by  the  certificate  of  Archibald  Campbell,  then  deputy 
secretary  of  State,  under  date  of  September  8,  1827,  as  being  a 
true  copy  of  a  map  attached  to  a  deed,  ceding  the  jurisdiction  of 
certain  lands  under  water  to  the  United  States,  dated  April  3, 
1810,  on  file  in  the  office  of  the  Secretary  of  State,  that  there 
was,  at  the.  date  of  this  original  map,  an  island  lying  between  Cob 
dock  and  the  main  land,  upon  which,  as  laid  down  and  well 
defined  by  shaded  lines,  there  is  written  the  words  "bare  at  low 
water  at  low  tide,"  and  along  the  shore  of  the  main  land, 
between  the  lines  representing  high  and  low  water  mark,  also 
clearly  defined,  there  is  written  the  words  "mud  flats  bare  at  low 
water,"  thus  rendering  it  evident  that  this  island  and  an  eastern 
channel  existed  March  31.  1810,  the  date  of  the  map. 

Proceeding  westerly  from  the  point  in  the  low  water  line  near 
the  center  of  Taylor  street,  the  southerly  line  of  the  Remsen 
tract  intersects  the  easterly  boundary  of  the  grant  to  the  United 
States  at  the  center  of  the  canal  before  alluded  to,  within  the 
limits  of  the  east  channel  as  it  then  was,  and  53  feet  northerly 
from  the  north  Hue  of  Taylor  street.  This  canal  now  extends 
from  the  main  land  westerly  across  the  east  channel,  and  the 
northerly  end  of  the  island,  to  the  west  channel,  or  that  adjoin- 
ing Cob  dock. 

Northerly  from  the  canal,  this  east  channel,  the  island  and  the 
space  at  the  north  of  the  island,  are  now  filled  in  and  reclaimed 


No.  10.]  69 

from  the  main  land  out  to  the  low  water  mark  of  the  western 
shore  of  the  island,  as  laid  down  on  the  Loss  map,  and  its  pre- 
sent front  or  the  line  of  the  bulkhead  as  now  built,  commences 
at  said  low  water  mark  on  the  westerly  side  of  the  island  at  the 
northerly  side  of  the  canal,  and  extends  northerly  nearly  in  a 
direct  line  to  a  point  100  feet  into  the  bay  from  the  low  water 
line  of  the  main  land  opposite  Division  street,  which  is  about  100 
feet  northerly  from  the  north  end  of  the  island. 

We  now,  in  accordance  with  the  grant  to  the  heirs  of  Boerum 
and  Remsen,  draw  the  100  feet  line  northerly  from  the  canal  or 
southerly  line  of  the  Remsen  tract ;  commencing  at  low  water 
mark,  or  the  dock  as  built  on  the  west  side  of  the  island,  it  ex- 
tends from  the  front  of  present  occupation  100  feet  into  the  bay, 
and  proceeding  northwardly,  it  crosses  the  line  of  the  front  of 
present  occupation  or  the  bulkhead  as  built,  about  100  feet  north 
of  the  northerly  end  of  the  island,  and  thence  curves  around  the 
northerly  end  of  the  island,  parallel  with  the  low  water  line,  and 
intersects  the  100  feet  line  drawn  parallel  with  the  low  water 
line  of  the  main  shore,  from  the  northerly  end  of  the  Boerum 
tract  southerly  to  the  aforesaid  intersecting  point ;  thus  showing 
a  considerable  space  filled  in  and  reclaimed  north  of  the  island, 
within  the  line  of  the  front  of  present  occupation,  and  beyond 
the  limits  of  the  100  feet  authorized  by  the  aforesaid  act  of  April 
4,  1819. 

As  the  act  granting  the  100  feet  is  construed  to  authorize  the 
measurement  to  be  taken  from  the  original  low  water  line,  and  riot 
from  any  modern  line  or  mark  that  may  at  the  date  of  the  act  have 
been  created  in  front  of  the  same  by  artificial  works,  it  is  not  re- 
garded as  material  whether  the  filling  in  and  reclaiming  of  the  land 
and  soil,  as  it  now  appears  opposite  the  lands  embraced  in  said  act, 
was  done  anterior  to  or  subsequent  to  the  date  of  the  grant  of 
the  100  feet.  And  whether,  by  a  proper  construction  of  the  act, 
there  was  granted  100  feet  into  the  bay  from  the  low  water  line 
of  the  main  shore,  or  100  feet  into  the  same  bay  from  the  low 
water  line  of  the  westerly  shore  of  the  island,  is  not,  under 
existing  circumstances,  important  to  determine,  as  will  be  under- 
stood from  the  following  description  of  a  grant  from  the  Com- 
missioners of  the  Land  Office,  under  date  of  June  10,  1851, 
authorizing  John  A.  Cross,  then  riparian  owner,  to  fill  in  and 
occupy  all  of  the  area  in  front  of  the  high  water  line,  on  all  that 


70  [Senate 

portion  of  the  Remsen  tract  lying  northerly  from  Clymer  street, 
which  includes  all  of  the  area  of  the  east  channel  and  of  the 
island  north  of  the  canal,  and  to  construct  and  forever  maintain 
a  bulkhead  on  the  westerly  border  of  the  same  in  front  of  the 
low  water  line  on  the  east  side  of  the  west  channel;  which  area 
and  bulkhead  is  bounded  by  the  following  described  lines,  viz  : 

Beginning  at  a  point  in  the  line  of  high  water  mark  at  the 
center  of  Clymer  street,  and  running  thence  southwesterly  along 
the  center  of  said  Clymer  street  362  feet  to  the  easterly  side  of 
the  present  canal ;  thence  westerly  along  the  easterly  side  of 
said  canal  433  feet  to  a  point  62  feet  westerly  from  the  low  water 
line  on  the  easterly  side  of  the  west  channel  ;  thence  northerly 
in  front  of  and  nearly  parallel  with  said  low  water  line  505  feet 
to  opposite  the  southerly  boundary  of  the  land  of  the  heirs  of 
Abraham  Boerurn;  thence  easterly  323  feet  to  the  intersecting 
point  of  said  Boerunrs  south  line,  and  the  line  of  high  water 
mark  ;  thence  southerly  along  said  high  water  mark  to  the  place 
of  beginning. 

It  will  be  observed  that  the  area  embraced  within  the  above 
described  limits  extends  to  the  east  side  of  the  west  channel,  and 
the  distance  as  given  along  the  shore  carries  it  100  feet  north  of 
the  north  end  of  the  island,  and  the  bulkhead  as  now  built  along 
the  easterly  shore  of  said  west  channel  is  a  trifle  within  the 
westerly  limits  of  the  grant ;  showing  that  opposite  that  portion 
of  the  distance  named  in  the  act  which  embraced  the  Remsen 
farm  no  encroachments  have  been  made  beyond  the  limits  therein 
prescribed. 

Opposite  the  Boerum  tract  it  is  not  known  that  any  permission 
to  fill  in  and  occupy  beyond  the  line  of  the  original  low  water 
mark  has  been  granted  by  the  State,  other  than  that  authorizing 
occupation  to  the  100  feet  line  by  the  aforesaid  act  of  April  4, 
1849.  This  tract  lies  fronting  the  ba}^,  and  the  original  low- 
water  line  having  been  determined  from  observation,  measure- 
ments on  the  ground,  and  other  reliable  data,  no  difficulty  has 
arisen  in  correctly  locating  it  on  the  map. 

Adjoining  the  northerly  line  of  the  Cross  grant,  the  line  100 
feet  Prom  low  water  mark  on  the  Boerum  tract  falls  185  feet 
within,  or  in  rear  of  the  line  of  the  front  of  present  occupation 
or  bulkhead  as  built,  and  proceeding  northwards  from  J.  A. 
Cross's  north  line  along  the  front  of  present  occupation,  said  100 


No.  10.]  71 

feet  line  crosses  the  bulkhead  line  in  a  distance  of  430  feet,  thus 
leaving,  as  before  stated,  a  triangular  area  with  the  above  base  of 
185  feet,  and  with  an  extreme  length  on  its  easterly  side  of  480 
feet,  containing  an  area  of  28,905  square  feet ;  which  area,  as 
now  filled  in  and  reclaimed,  lies  outside  of  the  100  feet  from  the 
line  of  low  water  mark  as  granted  by  the  act  of  1849,  and  so 
far  as  ascertained  beyond  any  other  grant  from  the  State.  It  is 
therefore  deemed  to  be  an  encroachment,  and  as  falling  within 
the  purview  of  the  act  directing  this  survey. 

A  recapitulation  of  the  exterior  limits  of  the  ground  and  soil 
granted  by  the  State  to  individuals,  &c,  &c,  in  fee  or  its  equiva- 
lent, along  the  Brooklyn  shore  from  Red  Hook  Point  to  opposite 
the  original  location  of  the  Bobine  house,  on  the  east  side  of  the 
Wall  about  bay,  and  as  shown  on  the  following  maps,  is  from 
point  to  point  designated  as  follows: 

MAPS  NUMBER  FOUR  AND  FIVE,   BROOKLYN  SHORE. 

Exterior  line,  as  per  act  of  May  26,  1841,  extends  from  a  point 
in  the  southerly  line  of  Partition  street  800  feet  from  Ferris 
street,  to  a  point  in  the  southerly  line  of  Harrison  street  845  feet 
from  Columbia  street. 

Exterior  line,  as  per  act  of  May  25,  1836, -from  the  southerly 
line  of  Harrison  street  to  the  southerly  line  of  Atlantic  street. 

Exterior  line,  as  per  act  of  February  28,  1839,  from  the  south- 
erly line  of  Atlantic  street  to  the  northernmost  point  of  the  dock 
next  east  of  Jackson  street  (now  Hudson  avenue)  ferry. 

Exterior  line,  as  per  three  several  grants  by  the  Commissioners 
of  the  Land  Office,  dated  July  8,  1852,  from  the  dock  next  east  of 
Jackson  ferry  to  the  westerly  line  of  the  Navy  Yard. 

Exterior  line,  as  per  act  of  June  17,  1853,  from  a  point  in  the 
line  of  the  Navy  Yard  120  feet  northerly  from  the  northeast 
corner  of  Henry  Buggies'  dock,  northeasterly  in  a  direct  line  to  a 
point  in  the  Williamsburgh  line  near  the  center  of  the  channel 
lying  east  of  Cob  dock ;  thence  southerly  in  said  channel  to  the 
center  of  the  artificial  channel  or  canal,  restricted  by  the  Harbor 
Commissioners'  line,  in  front  of  Cob  dock. 

Exterior  line,  as  per  grant  by  the  Commissioners  o*f  the  Land 
Office  to  John  A.  Cross,  from  the  easterly  side  of  said  canal  to 
opposite  the  southerly  boundary  of  the  Boerum  farm,  modified 
by  the  Harbor  Commissioners'  line. 


72  [Senate 

Exterior  line,  as  per  act  of  April  4,  1849,  granting  100  feet 
from  low  water  mark  from  the  southerly  line  of  the  Boerum  farm 
to  the  Williamsburgh  line,  and  as  per  act  of  April  17,  1857. 

Exterior  line,  as  per  act  of  April  17,  1857,  from  the  Williams- 
burgh line  to  the  outer  corner  of  the  bulkhead  opposite  South 
Eleventh  street. 

Exterior  line,  as  per  act  of  April  22,  1835,  from  the  aforesaid 
corner  of  the  bulkhead  to  opposite  the  original  location  of  the 
Bobine  house. 

The  superficial  contents  of  the  several  parcels  of  ground  and 
soil  filled  in  and  reclaimed  along  the  Brooklyn  shore,  and  lying 
outside  of  and  adjoining  the  several  lines  above  described,  are 
as  follows : 

Parcel  M,  consists  of  three  separate  pieces,  of  which  two 
(separated  by  the  water  entrance  to  the  Atlantic  basin,)  lie  in 
front  of  and  adjoining,  and  now  form  a  part  of,  the  Atlantic 
dock  ;  the  other  being  the  bulkhead  extending  southwesterly 
from  said  dock,  and  all  lie  in  front  or  outside  of  the  exterior 
limits  or  boundary  fixed  by  the  act  of  May  26,  1841. 

These  pieces  have  severally  an  extreme  width  of  28 J,  18  and 
20  feet,  and  an  extreme  length  of  1,342^,  2.141T^,  and  260  feet, 
and  together  contain,  as  before  stated,  an  area  of  57,477  square 
feet. 

Parcel  N,  adjoins  the  easterly  side  of  the  Wallabout  bay  oppo- 
site the  easterly  end  of  Cob  dock,  and  lies  in  front  of  the  exte- 
rior lines  drawn  100  feet  from  low  water  mark,  as  authorized  by 
the  act  of  April  4,  1849.  It  has  a  triangular  form,  and  is 
bounded  on  its  two  inner  sides  by  curved  lines,  and  in  front  or 
along  the  bay  by  the  irregular  line  of  the  face  of  the  bulkhead. 
Its  extreme  length,  measured  in  a  direct  line  between  its  angular 
points  is  480  feet,  and  its  greatest  width  is  185  feet,  and  contains 
an  area  of  28,905  square  feet. 

The  shores  of  Manhattan  Island  south  of  the  Harlem,  on  the 
east,  and  the  Spuytenduyvil  creek  on  the  Hudson  river,  and  the 
Brooklyn  shore  from  the  easterly  side  of  the  Wallabout  bay 
opposite  the  Bobine  house  to  the  westerly  side  of  Red  Hook 
Point,  comprise  all  of  that  portion  of  the  coast  bordering  the 
harbor  of  New  York  directed  to  be  surveyed  by  the  act  of  April 
17,  1860. 

Having  examined    these   shores  with   all  practical  care,  and 


No.  10.]  73 

made  such  surveys  of  the  grounds  bordering  the  same  as  from 
the  examinations  of  the  various  ancient  and  modern  maps  and 
the  numerous  grants  were  shown  to  be  necessary,  as  well  to 
determine  in  cases  of  doubt  as  to  whether  or  not  there  were 
encroachments,  as  to  ascertain  the  locality  and  exact  extent  of 
those  that  were  found  to  exist,  we  are  prepared  to  present  in 
tabular  form  the  following  recapitulation  of  the  location  and 
superficial  contents  of  these  several  encroachments  : 


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No.  10.]  77 

From  the  foregoing  statement,  it  appears  that  the  number  of 
parcels  sold  is  four,  and  that  they  contain  an  aggregate .  area  of 
418,456  square  feet,  or  9.61  acres,  equivalent  to  167.38  lots  25  by 
100  feet,  and  that  the  number  of  parcels  unsold  or  remaining  to 
be  disposed  of  is  10,  containing  in  the  aggregate  an  area  of 
of  567,536  square  feet,  or  13.028  acres,  equivalent  to  227i°q104j 
lots  25  by  100  feet. 

It  is  to  be  understood  that  the  number  of  lots  as  stated  are 
given  mainly  to  aid  the  mind  in  a  proper  appreciation  of  their 
superficial  contents,  or  the  extent  of  the  area  of  the  several  par- 
cels, and  not  to  convey  the  idea  that  it  would  be  practicable  so 
to  divide  them,  as  would  make  up  the  number  with  the  size  stated. 
Of  the  whole  number  of  parcels  there  are  only  four  (of  which 
two  remain  undisposed  of,)  having  a  size  and  form  that  would 
admit  of  being  laid,  out  into  lots  with  suitable  streets  ;  the  re- 
mainder, as  shown  by  the  table,  are  either  narrow  strips  or  small 
irregular  pieces  adjoining  to,  and  forming  a  portion  of  the  streets 
as  now  occupied. 

That  these  -greatly  disproportioned,  or  very  long  and  narrow 
strips,  would  be  of  comparatively  little  value,  if  not  altogether 
impracticable,  for  appropriation  to  individual  use,  becomes  appa- 
rent from  a  view  of  their  form  and  position  as  shown  on  the 
maps,  and  that  the  continuance  of  their  use  as  at  present  would 
evidently  best  subserve  the  general  good,  excepting  from  these 
remarks  the  two  and  perhaps  some  others  of  the  parcels  reported, 
which,  as  before  stated,  have  a  suitable  form  and  position,  and  may 
without  inconvenience  or  prejudice  to  the  public  interest,  be  dis- 
posed of  for  individual  occupation,  subject  only  to  the  municipal 
regulations  of  the  city. 

On  the  map  accompanying  this  report,  which  is  a  reduced  copy 
of  the  new  map  to  be  filed  in  the  office  of  the  Secretary  of  State, 
these  several  parcels  are  shown  by  a  dark  or  ink  shading,  and 
further  distinguished  by  a  letter,  which,  together  with  the  several 
boundary  lines,  are  made  sufficiently  distinct  to  show  their 
respective  positions  ;  and  although  they  are  drawn  with  great 
care,  the  map  is  upon  a  scale  so  small  as  to  admit  of  measure- 
ments being  taken  upon  it  with  only  an  approximate  degree  of 
accuracy. 

The  new  map  correctly  represents  the  position  of  the  line  of 
the  front  of  present  occupation,  the  boundary  of  fee  in  the  city, 

1 


78  [Senate 

and  the  several  lines  used  in  developing  said  boundary  on  both 
sides  of  the  city  as  far  north  as  any  encroachments  have  been 
made,  and  measurements  may  be  taken  upon  it  with  the  scale,  and 
distances  determined  within  2  J  feet  of  their  true  lengths. 

The  line  designated  "  the  Harbor  Commissioners'  n  as  estab- 
lished in  1857,  is  also  laid  down  on  the  new  map  with  all  practi- 
cable care.  In  the  original  location  of  this  line  under  the  direc- 
tion of  said  commissioners,  the  best  skill  was  employed  and  great 
labor  and  time  were  devoted  to  it.  On  much  the  largest  portion  of 
the  distance,  it  lies  outside  of  the  face  of  the  bulkhead  as  now 
built ;  on  all  other  portions,  (except  at  parcels  A,  D  &  J,  K,)  it 
conforms  to  it.  This  line  is  regarded  as  a  limit  fixed  with  much 
deliberation,  and  is  the  result  of  the  most  skillful  application 
of  science  in  determining  currents,  silting  up,  or  changes  in  the 
regimen  of  the  streams,  and  all  other  conditions  of  water  facil- 
ities connected  with  the  most  successful  prosecution  of  commerce 
in  the  harbor  of  New  York,  and  should  not  for  slight  causes 
at  any  future  time  be  transcended. 

In  cases  of  any  future  building  out  beyond  present  authorized 
limits,  or  of  its  becoming  necessary  from  other  causes  to  deter- 
mine the  outer  line  of  present  occupation,  the  boundary  of  fee 
in  the  city,  and  the  Harbor  Commissioners'  bulkhead  line,  it  may 
readily  be  done  with  sufficient  precision  for  all  practical  pur- 
poses, by  measurements  with  the  scale  from  the  inner  lines  of  the 
outer  streets,  as  laid  down  on  the  border  maps  of  the  east  shore 
of  the  Hudson  river,  the  west  shore  of  the  East  river,  and  of  the 
Brooklyn  shore,  consisting  of  five  maps,  severally  numbered  from 
one  to  five,  inclusive,  all  of  which  are  drawn  to  a  scale  of  80y705^ 
feet  to  an  inch,  duly  certified  and  to  be  placed  on  file  in  the  office 
of  the  Secretary  of  State.  Excepting  the  boundary  line  of  fee, 
the  same  remark  is  applicable  to  the  Harbor  Commissioners' 
border  map  on  file  in  the  same  office,  at  all  points  of  the  bulk- 
head that  have  not  been  changed  since  the  date  of  their  survey. 

Under  the  act  of  April  13,  1837,  establishing  Thirteenth 
avenue,  the  corporation  of  the  city  is,  as  before  stated,  supposed 
to  be  the  owner  in  fee  simple  of  the  land  under  water,  and  with- 
out consideration  to  the  State,  or  of  obtaining  further  permis- 
sion, may,  under  the  act  of  April  17,  1857,  extend  the  bulkhead 
out  to  the  Harbor  Commissioners'  line,  and  fill  in  the  same,  from 
the  north   side  of  Thirteenth   street,  on  the   Hudson  river  side, 


No.  10.J  79 

and  on  the  East  river  side,  may  in  like  manner  (owning  the  fee 
under  the  act  of  1807  granting  400  feet  from  low  water  mark,) 
extend  the  bulkhead  out  to  the  Harbor  Commissioners'  line  as 
far  north  on  both  rivers  as  said  line  extends,  excepting  a  short 
distance  along  the  latter  river  opposite  the  foot  of  Thirty- fourth 
street,  where  the  latter  line  for  a  short  distance  lies  outside  of 
the  400  feet  line.*  And  on  the  Brooklyn  shore  individuals  may, 
in  like  manner,  under  the  act  of  1850,  carry  the  bulkhead  out  to 
the  Commissioners'  line,  as  established  by  the  act  of  1839,  (and 
again  by  the  act  of  1857,)  from  Atlantic  street  to  the  dock  next 
east  of  Jackson  street  ferry;  and  under  the  act  of  1835  may 
make  a  like  extension  north  from  the  Williamsburgh  line  at  least 
as  far  as  this  examination  has  extended.  On  all  of  the  remainder 
of  the  distances  it  is  supposed  that  the  bulkhead  cannot  be 
legally  thus  extended  out,  except  by  permission  or  grant  in  each 
case  being  first  obtained  from  the  Commissioners  of  the  Land 
Office. 

Should  it  be  determined  by  the  commissioners  that  the  conclu- 
sion is  in  error  relative  to  the  ordinance  lines  established  by  the 
act  of  1798,  and  the  other  boundary  lines  authorized  by  subse- 
quent acts  being  substituted  for  the  400  feet  lines,  as  adopted  in 
the  report,  then  parcels  E,  F,  and  I,  although  lying  outside  of 
the  boundary  lines  established  by  acts  of  comparatively  modern 
date,  but  within  the  400  feet  lines  of  anterior  date,  are  neverthe- 
less within  the  boundary  of  fee  in  the  city,  therefore  not  the 
property  of  the  State,  and  should  be  withdrawn  from  the  tabular 
statement  of  parcels  reported  as  encroachments  beyond  autho- 
rized limits;  the  aforesaid  parcels  being  all  of  the  land  and 
soil  filled  in  and  reclaimed  and  lying  wTithin  the  limits  of  the 
grant  of  1730,  but  outside  of  all  other  grants  of  subsequent  date. 

A  full  map  of  all  that  portion  of  the  city,  drawn  to  a  scale  of 
COO  feet  to  an  inch,  and  embracing  Manhattan  Island,  has  also 
been  made,  and  is  to  be  filed  in  the  office  of  the  Secretary  of  State. 
This  map  is  designed  mainly  to  show  the  present  shore  lines  at 
high  and  low  water,  the  line  400  feet  from  low  water  mark, 
and  the  Harbor  Commissioners'  line  north  of  the  limits  of  the 
other  maps.  All  of  the  boundary  and  other  lines  on  said  maps 
are  laid  down  on  this,  and  it  is  different  from  that  distinguished 
as  the  new  map  only  in  respect  to  its  scale,  it  being  drawn  600 
feet  to  the  inch,  and  in  its  embracing  the  entire  island  ;  by  which, 

*  The  same  remark  isapplicable  between  Stanton  and  8th,  19th  and  20th,  and  23d  and  26th  sfc3. 


80  [Senate 

at  oue  view,  a  representation  of  the  whole  city  is  furnished,  and 
with  nearly  all  of  the  lines  that  is  shown  on  the  other  maps. 

There  are  also  to  be  placed  on  file  for  future  reference  copies 
of  the  following  shore  maps,  viz :  that  of  1793,  of  the  East  river, 
by  Goercke  &  Vansteenburgh;  that  of  1804,  of  the  Hudson  river, 
by  Mangin ;  the  map  without  name  or  date,  and  the  Loss  map 
of  1807.  Making  the  whole  number  thus  placed  on  file  nine 
shore  and  two  city  maps ;  all  of  which  were  necessary  to  a  per- 
fect development  and  full  understanding  of  the  true  boundary  of 
fee  in  the  city,  and  of  the  number  and  superficial  contents  of  the 
several  parcels  of  land  and  soil  that  lie  outside  of  and  adjoining 
the  grants  made  to  the  corporation  of  the  city  by  the  Mont- 
gomery charter  or  by  any  other  charter  or  grant  made  to  the 
said  city  by  the  State. 

Two  copies  of  a  minute  description  of  the  location  and  boun- 
dary lines  of  each  parcel,  have  been  made  and  appended  to  two 
several  diagrams  of  the  same,  drawn  to  a  scale  of  SO^g-  feet  to 
the  inch.  These  descriptions  and  diagrams  also  show  the  super- 
ficial contents  of  the  several  parcels,  and  the  whole  are  prepared 
with  reference  to  one  copy  of  each  set  being  filed  in  the  office  of 
the  Secretary  of  State,  and  the  other  set  for  use  by  the  Commis- 
sioners of  the  Land  Office  in  making  the  conveyances.  A  fac 
simile  of  the  form  of  the  description  and  boundary,  &c,  of  one 
of  the  parcels,  with  map  attached,  is  hereunto  appended. 

It  may  not  be  improper  to  remark  that  much  labor  and  time 
has  been  appropriated  to  researches  that  proved  fruitless,  or 
unavailable,  and  which  does  not  otherwise  appear  from  the  re- 
ports or  maps. 

I  have  been  ably  assisted  by  S.  H.  Sweet,  Esq.,  principal  assist- 
ant, who  was  in  especial  charge  of  the  surveys  and  researches  of 
the  records,  and  in  compiling  the  grants  in  the  city  of  New  York. 
Mr.  Sweet  also  assisted  in  supervising  the  drawings  and  in  other 
general  duties,  both  in  the  offices  at  New  York  and  Albany ;  by 
Prof.  Geo.  R.  Perkins,  in  making  calculations  of  the  true  dis- 
tances between  the  parallels  of  latitude  and  longitude,  in  arrang- 
ing the  sheets,  determining  the  scale,  &c,  and  in  taking  measure- 
ments from  the  Harbor  Commissioners'  large  folio  map — while 
placed  on  the  floor  of  the  office — and  in  some  other  duties;  snd 
by  Messrs.  E.  Smith  and  R.  Graves,  city  surveyors,  gentlemen  of 
eminence  in  their  profession,  who  being  in  possession  of  nume- 
rous ancient  maps  of  the  city,  and  the  former  of  measured  lengths 
of  blocks,  widths  of  streets,  &C,  made  at  Conner  periods,  have 
furnished  valuable  aid.  The  latter  also  conducted  the  measure- 
ments across  the  city,  by  which  to  test  the  new  map,  <fec. ;  also, 
by  Messrs.  Jas.  Burke  and  EL  F.  Greene,  in  executing  the  maps, 
which  well  attest  their  skill  and  fidelity  as  draftsmen. 
Respectfully  submitted, 

0.  W.  CHILDS,  Civil  Engineer. 


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